How is jury selection affected by race?
Juries composed solely of one racial group are legal in the United States. While the racial composition of juries is not dictated by law, racial discrimination in the selection of jurors (regardless of the jury’s ultimate composition) is specifically prohibited.
Was OJ A jury nullification case?
Simpson Was Acquitted : Code Switch : NPR. The Jury Is Still Out On Why O.J. Simpson Was Acquitted : Code Switch Twenty years after O.J. Simpson was accused of murdering his ex-wife and her male friend, reverberations from his trial and acquittal still ripple through Los Angeles.
What are some of the negative aspects of jury nullification?
List of the Cons of Jury Nullification
- Juries that are instructed that they can nullify are more likely to do so.
- It can take away the will of the population.
- It stops prosecutors from pursuing defendants that are likely guilty.
- It can stop guilty people from going to prison.
Why is it important not to exclude different races from jury service?
Selection procedures that purposefully exclude black persons from juries undermine public confidence in the fairness of our system of justice.” A defendant in a criminal case can make an Equal Protection claim based on the discriminatory use of peremptory challenges at a defendant’s trial.
How does race affect sentencing?
Blacks are more likely to be jailed pending trial, and therefore tend to receive harsher sentences; Whites are more likely to hire a private attorney than Latinos or blacks, and therefore receive a less severe sentence.
Can lawyers mention jury nullification?
Jury nullification isn’t so much “legal” as it is “extralegal” — which is why most states do not permit lawyers to argue or to submit jury instructions that mention or hint at jury nullification.
Can you mention jury nullification?
For the most part, the answer is no. You should NOT discuss jury nullification with your fellow jurors. However, courts have also decided that they can remove jurors for considering their option to conscientiously acquit. This applies anytime until the verdict is officially rendered.
What is an example of jury nullification in law?
Jury Nullification Jury nullification happens when the jury finds a “not guilty” verdict for a defendant because they disagree with the applicable law. A great example of jury nullification pertains to the Prohibition era. Juries who did not support the laws that regulated alcohol would set defendants who faced charges of smuggling free.
What happens when a jury declares a defendant not guilty?
Once a jury declares a defendant “not guilty,” the court cannot question the verdict, and law enforcement cannot re-charge the defendant for the same crime. To explore this concept, consider the following Jury Nullification definition.
Should the power of nullification be taken away?
As Paul Butler, a Georgetown University law professor and former federal prosecutor suggests, “nullification is like any other democratic power; some people may try to misuse it, but that does not mean it should be taken away from everyone else.”