I’ve been reading a lot about jury nullification, and I get that jurors have the power to acquit someone even if the law technically says they’re guilty. But what I don’t get is—why is this something that exists, yet courts don’t allow it to be talked about during a trial?
If it’s a legitimate part of the legal system, why is it treated like a secret? Would a juror get in trouble for mentioning it during deliberations? And what would happen if someone brought it up during jury selection?
I’m just curious how this all works in practice. If jurors can ultimately do whatever they want, what stops them from using nullification all the time?
Goodness gracious. Do you honestly think there is a thinking man woman or child alive who does not realise that legal does not mean moral and that legal outcomes are not always just?
That does not mean that Jurors can just make up the law based on the vibe of the case before them.
This may shock you, but puppies die sometimes. It’s sad.
You’re the one saying a moral argument is “unrealistic”.
Can you clarify what you’re actually saying?
If you’re trying to imply that a more moral person would see things your way, I couldn’t care less. It’s a pretty meaningless assertion.
You seem to be suggesting that moral considerations are not relevant to legal proceedings, yet simultaneously arguing that jurors should refuse to convict on moral grounds.
That’s simply not how laws are intended to be applied. Democratically elected representatives debate moral considerations when designing laws. If you want criminal law to include an exemption for murderers of CEOs that you don’t like, you should write to your local rep I guess.
In the mean time, jurors will just have to apply the law as it stands.
This is correct. There is no paradox here; no hypocrisy.
“We The People” empower the constitution. The Constitution empowers the government. The government has only the law; it does not have any sort of moral code. The government cannot consider moral principals in the application of law.
The juror is not a member of the government. The juror is a member of “We The People”; a peer of the accused.
Where the juror is convinced that the legislature did not appropriately consider the specific circumstance of the accused, the juror is constitutionally permitted to return a “just” verdict, consistent with their own morality.
While a judge can be legally obligated to issue a ruling inconsistent with his own moral code, a jury is NEVER obligated to return a verdict they believe to be unjust.