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Jury nullification essays
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I stand firmly AGAINST the resolution which states that jury nullification ought to be used in the face of perceived injustice.
(Optional)
I would like to offer another another definition for the following term from The Merriam-Webster Dictionary,
Jury nullification:
The acquitting of a defendant by a jury in disregard of the judge's instructions and contrary to the jury's findings of fact My value for this debate is fairness because it is such a large part of our legal system. My value criterion is The Rule of Law, which states that a government should be ran by the law, not arbitrary decisions, because it is the best tool with which to measure if my value is being upheld in this debate.
I have three contentions, and each of which upholds my value:
Contention 1: Jury
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His jury was unaware of their ability to nullify a law. Another man in Louisiana is accused of the exact same thing, but this time, his jury is aware that they are able to nullify a law because it is unjust. The man in Oregon would be much more likely to be found guilty than the man in Louisiana simply because of the fact that the jurors weren’t aware of their abilities. In no way is a man being found guilty of a crime another man is found innocent for fair. It’s right there in the United States Constitution, “All men are created equal,” so they would both deserve the right to have the same verdict, not have the results be skewed simply based on the fact that one jury didn’t know their abilities.
-Therefore, because not all cases would have the same verdicts based solely on the fact that one jury may be aware of something the other isn’t, jury nullification shouldn’t be used.
This ties into my value of fairness because if jury nullification isn’t used, fairness and equality in more cases would ensue.
Contention 3: Some people may have unfair advantages in a
In the Jury system mini Q document A, the second chart shows that in around 2300 jury trials only around 300 people are Acquitted, while in Bench trials about a third of the people are acquitted. This shows that the jury system works a far larger percentage of the time while the bench trial lets a lot of people go. In the Jury system mini Q document C, John Gastil says “the framers of the United states Constitution viewed the jury system as a critically important feature.” This shows that the framers had originally intended for there to be a trial by jury for every case in order for democracy to shine through and be the leading form of government that our country
Paul Butler says in his article, “Jurors Need to Know That They Can Say No”, “If you are ever on a jury in a marijuana case, I recommend that you vote ‘not guilty’…As a juror you have this power under the Bill of Rights; if you exercise it, you will become part of a proud tradition of American jurors who helped make our laws fairer.” This is in reference to jury nullification. It is an actual constitutional doctrine that is premised upon the idea that the jury (ordinary citizens), not government officials, should possess the final word on whether an individual should be punished. As Butler explains, jury nullification is for the most part a good thing. It was necessary to end prohibition, it has caused prosecutors over the years to change tactics when
...8). However, if it was them who had been accused of a crime, surely they would be very happy to have a jury, instead of one person deciding their fate.
Merriam Webster. Merriam-Webster's Collegiate Dictionary of English. Ed. Frederick Mish. 11 th.
Smith, William (1997) “Useful or Just Plain Unfair? The Debate Over Peremptories; Lawyers, Judges Spllit Over the Value of Jury Selection Method” The Legal Intelligencer, April 23: pg 1.
The jury’s decision, however, was not based on evidence, but on race. A jury is supposed to put their beliefs aside and make a decision based on the information given during the trial. Jury members must do their duty and do what is right. I tried to do what was right, but all the other members of the jury were blind. They chose to convict because of skin color rather than actual evidence from the case.
...for a capital jury. Research also shows that leaving out certain groups could result in the perception that the justice system is unfair therefore there will not be a fair trial. If one was in the place of one of these prisoners, wouldn’t you feel it was only right to a fair trial, but how can that happen when trials are flawed and unfair from the beginning.
The jury system has evolved from a representation of all white men to both men and women from very diverse backgrounds. This is important if one is going to be tried in his/her community of peers.
The United States’ legal system has never been truly equal because it was founded on inequality and has always depended on inequality. The system could easily be changed to eliminate those inequalities, such as racial profiling, but that will not likely happen. So long as there is a majority dependent on the disparities of a minority, the system will maintain its current sanctity. In doing so, the system will remain dependent on inequality
Jury nullification means that a jury finds a defendant innocent because the law itself is unjust, or is unjust in a particular application, and so should not be applied. So really what this means is that no mater what the law says the jury will pretty much have the right to choose weather the person is going to be guilty or innocent and that is kind of ok in some cases but then again its not in others so we should not expect our juries to judge our laws only the case that person is being tried in and they should only judge that person on all of the facts given.
A judge loses this power consider motive because all criminals of the same crime are viewed as equal. By restricting a judge’s discretion, it creates injustice within the courts. Actions are based on their motives and a judge should have the ability to consider it when making a decision that can greatly impact another individual’s life. Therefore, truth in sentencing and the equal justice perspective need the discretion of a judge to justly establish a fair sentence that accounts for all aspects of the individual and their
The jurors had several conflicts in disagreeing with each other and it didn't help that they would shout over one another. The very first conflict is when juror 8 voted not guilty against the 11 guilty votes. The other 11 jurors don't seem to want to hear this man out; they don't want to hear why he has voted not guilty. Some of these men, jurors 3 and 7, just want to get this case over with so they can get on with their lives. They don't think it is imperative enough to look over the evidence and put themselves in the place of the defendant. They get upset with this man and try to get him to vote guilty.
Should we still have the option of a jury trial? There are three main reasons why jury trials should still not be an option are because of their higher rate of convictions, the biases we all possess, and because the jury system is simply just outdated. One reason why jury trials should still not be an option is because jury trials have a significantly higher rate of conviction than bench trials. Bias is defined as prejudice in favor of or against one thing, person, or group compared with another, usually in a way considered to be unfair.
However, this is not the case in the United States. In the U.S. courts have juristically smaller juries; a much more regulated process and more powerful judges, the basic idea of a fair trial by jury remained the same
The Chairman of the Criminal Bar Association suggested to the HOCHAF that the test be amended to require the jury to consider “what a reasonable person (sharing the characteristics of the defendant) would have thought”. However, the Government opposed this on the grounds that it would require the jury to consider all the characteristics of the individual defendant and this is believed to be inappropriate because some characteristics “should not absolve the defendant of guilt”.