William Joyce
Chemotherapy for PC
I am ambivalent about the legitimacy of "jury nullification". I do agree that it's somewhat at odds with the rule of law. But the problem is...
how are you going to catch it?
prosecute the jurors who nullify?
how will you know that's what they did?
and under what standard?
and what if... those jurors nullify?
Truthfully, legally, there is no law against jury nullification. The only "law" involved is the plain power of the court, which is a form of law, but the only punishment available is contempt, and that, as any lawyer knows, is not the neatest and cleanest.
Ah, to be a law professor...
how are you going to catch it?
prosecute the jurors who nullify?
how will you know that's what they did?
and under what standard?
and what if... those jurors nullify?
Truthfully, legally, there is no law against jury nullification. The only "law" involved is the plain power of the court, which is a form of law, but the only punishment available is contempt, and that, as any lawyer knows, is not the neatest and cleanest.
Ah, to be a law professor...