They are also often afraid of "poisoning the well" by eliciting ideas they don't want the other potential jurors to hear (including ideas about nullification
This practice may have an analogue in the ordinary criminal law, albeit an imperfect one--jury nullification
. Jury nullification
is the practice of jurors in a criminal trial refusing to convict a criminal defendant despite proof beyond a reasonable doubt of the defendant's guilt.
(1) This scholarship analyzes "nullification
" as a process involving jurors: when citizens on a jury acquit someone despite their legal guilt, the jurors make a potent statement about a particular defendant or law, in the process transferring power from legislatures, judges, and prosecutors to a small group of citizens.
"We are not facing a violation of the truce… we are facing a complete nullification
," he said, and "we have alternatives to protect our people" if the international community could not.
While the Tenth Amendment Center has often used the term "nullification
" to promote resistance to federal overreach, Maharrey points out that it is not the type of nullification
that had President Andrew Jackson threatening to hang his former vice president, South Carolina Senator John C.
The only silver lining thus far, aside from the edifying stance of principle taken by Ed Rosenthal, is that the issue of jury discretion, or jury nullification
, is on the front burner again.
Previous discussions of Bushell's Case have underestimated its impact on the nullification
To this end, I examine four examples of the phenomenon: pious perjury in eighteenth-century England, fabrications of fault or domicile in order to obtain divorces prior to reforms of divorce laws in the 1960s and 1970s, post-Reconstruction white southern jury nullification
, and the current widespread practice of police perjury to avoid the exclusionary rule.
is the time honored tradition of vetoing bad laws by the people.
The possible nullification
of the TEOG results will likely lead to a change in the scores of a huge number of the eighth graders, according to education specialists.
movement, which holds that the U.S.
Many Free Staters will tell you that one of their biggest wins so far was the passage and strengthening of jury nullification