21 votes

Why is it unlawful for an officer of the court to inform a jury they may find as they see fit, absolutely?

The "why" is pretty simple: the duty of the court is the ensure compliance with the law and uphold the rule of law. A statement to the contrary would undermine that obligation and would ...
ohwilleke's user avatar
  • 206k
18 votes

Can a judge legally forbid a jury from Nullifying a verdict if they ask him about it before rendering a verdict

To begin with, jury nullification is not a separate act. It’s not like the jury verdict can be one of “Guilty”, “Not guilty” or “Nullified”. Instead, a juror says something like “The guy’s pretty sus ...
Roman Odaisky's user avatar
18 votes
Accepted

Can a judge legally forbid a jury from Nullifying a verdict if they ask him about it before rendering a verdict

Can the judge flat out tell the jury that they cannot vote to nullify the verdict? He can but this kind of "jury nullification" makes little sense and is obvious that is not possible. A ...
robertspierre's user avatar
12 votes

Can a defense attorney face any serious repercussions for trying to induce jury nullification?

Yes The first suggestion the attorney is angling for this will get a warning from the judge. If they persist, this is contempt- a criminal offense. They will also be referred to the bar association ...
Dale M's user avatar
  • 205k
8 votes

Can a defense attorney face any serious repercussions for trying to induce jury nullification?

canada The trial judge must ensure that the jury is properly instructed on the applicable law. See R. v. Abdullahi, 2023 SCC 19 at para 32. It is improper for a lawyer to argue that a jury ignore that ...
Jen's user avatar
  • 51.8k
7 votes

Why is it unlawful for an officer of the court to inform a jury they may find as they see fit, absolutely?

I don't disagree with the other answer but I think it would be helpful to add some points about UK law specifically, since that is tagged in the question. For England and Wales, the role of the jury ...
Arthur B's user avatar
7 votes

Isn't it a clear conflict of interest that expert witnesses are paid/compensated handsomely for their testimony?

No Experts’ time is valuable. Courts would not be able to get qualified experts to testify if they were not compensated. As per your previous question, the crucial point is that they are paid to ...
Davislor's user avatar
  • 2,874
7 votes
Accepted

Can a jury's vote be nullified , if majority of the jury is found to have leaning towards a certain political and racial group hence causing a bias?

Historically (long, long ago to the point that there is no leading case establishing this rule), you could challenge a verdict based upon a failure of a judge to dismiss a juror for cause (or for ...
ohwilleke's user avatar
  • 206k
6 votes

Law in fiction: acquittal of Moriarty in *Sherlock* TV series

Currently, following Criminal Procedure and Investigations Act 1996 sections 54-57, the court can certify that interference or intimidation has resulted in acquittal, in which case the acquittal can ...
user6726's user avatar
  • 215k
6 votes

Can a juror's vote count as the opposite of their actual vote if they explicitly state they vote against their opinion?

When the required number of jurors vote "yes" (or "no", or whatever the question is), then the jury has reached a verdict. There is no provision whereby the presiding juror can re-...
user6726's user avatar
  • 215k
6 votes

Can someone use good deeds to "bribe" their way to innocence?

Carl may not do this, as he would be prohibited from making this argument at trial. At trial, evidence must be relevant, meaning that it makes a fact of consequence more or less likely to be true. ...
bdb484's user avatar
  • 58.3k
5 votes
Accepted

Can jury nullification apply to a civil lawsuit?

Your question isn't quite as simple as it sounds; some civil cases are tried before juries, and though a judge can give directions to a jury to give a particular verdict, they are not always required ...
Tim Lymington's user avatar
5 votes
Accepted

Ideologically motivated jury nullification

Yes. This is legal. See, e.g. SPARF v.U.S. 156 U.S. 51 (1895); U.S. vs Moylan, 417 F 2d 1002, 1006 (4th Cir. 1969); U.S. v. Krzyske, 836 F.2d 1013 (6th Cir. 1988) ("the jury asked the judge about ...
ohwilleke's user avatar
  • 206k
4 votes

Is there any way to stop a rogue jury from making a deliberately bad decision?

This is known as voting your conscience i.e. deciding a verdict based on your personal beliefs rather than the law. In england-and-wales, Bushel's case is authority that a jury cannot be punished for ...
JBentley's user avatar
  • 7,797
4 votes

Can jury nullification apply to a civil lawsuit?

I'm asking whether it is possible for a court without a jury to rule against the technical interpretation of a law, if they determine that following the letter of it would in this single case by ...
ohwilleke's user avatar
  • 206k
4 votes

Isn't it a clear conflict of interest that expert witnesses are paid/compensated handsomely for their testimony?

Yes, but so what? Most (all?) common law countries follow an adversarial system, where the court is a referee. Parties run their pre-trial investigation and choose their witnesses with a relatively ...
ASE's user avatar
  • 61
4 votes

Isn't it a clear conflict of interest that expert witnesses are paid/compensated handsomely for their testimony?

united-states california Or is the fact that expert witnesses get huge payments just completely swept under the rug and out of sight of jury consideration? From personal experience as a juror, it is ...
user11421's user avatar
  • 115
3 votes

Does any amount of jury tampering negate an acquittal?

Yes for actual tampering The key here is the double jeopardy clause. If the jury is truly tampered with from the outside to get a not-guilty verdict, and the tampering can be proven, then the ...
Trish's user avatar
  • 37.5k
3 votes
Accepted

jury nullification

The jury ultimately decides if a person is guilty or not. Jury nullification is when the person is clearly guilty or innocent, but for some odd reason the jury (who knows the person is guilty/innocent)...
Shazamo Morebucks's user avatar
3 votes

Are jurors ever told about jury nullification in the US? If not, why not?

In general they are not told. In fact, I am not aware of any jurisdiction where they are told by the judge officially. In fact judges will normally charge a jury that they must accept the law as ...
David Siegel's user avatar
3 votes
Accepted

Is there any way to stop a rogue jury from making a deliberately bad decision?

No more than any other system Ultimately, when deciding a criminal or civil matter and forcing people to abide by the decision somebody has to make that decision. A jury made up of members of the ...
Dale M's user avatar
  • 205k
2 votes

Is the following case about jury nullification true?

The theory of jury nullification would likely be relevant to the case, and the defendant would likely be entitled to give the jury at least some explanation of what it is and how it works. I think you ...
bdb484's user avatar
  • 58.3k
2 votes

Is the following a form of "jury nullification" and if so can it be overturned legally?

While @Colin Losey has a lengthy and basically correct answer, one get reach a conclusion much more quickly. Under U.S. law, in a criminal case, a jury verdict of acquittal cannot be appealed or ...
ohwilleke's user avatar
  • 206k
1 vote

Is there any way to stop a rogue jury from making a deliberately bad decision?

Yes, there are many mechanisms to prevent juries from ignoring the facts or the law. In the United States, there are several mechanisms in place to prevent this from happening, though there is not ...
bdb484's user avatar
  • 58.3k
1 vote

Can a judge legally forbid a jury from Nullifying a verdict if they ask him about it before rendering a verdict

Additional consideration: in most jurisdictions, certainly those with remaining strong ties to British Common Law, a judge has the power to set aside a jury verdict. It is very rare, but in a case ...
So_about_that's user avatar
1 vote

Can a case get thrown out because of "jury nullification?

Has a case ever been thrown out in the United States by a judge or on appeal because of "jury nullification?" If so, what were the circumstances? What Is Jury Nullification In A Narrow Sense? In ...
ohwilleke's user avatar
  • 206k
1 vote

Can a case get thrown out because of "jury nullification?

Jury nullification is when a jury disregards the law in their verdict. They are "nullifying" the law. Traditionally, juries have the ultimate power to decide a case and can choose to ignore law if ...
Cicero's user avatar
  • 6,878
1 vote

How can a jury know about jury nullification?

This is why juries traditionally consist of twelve people. The number should be large enough to assuage problems of individual or small group bias and to include sufficient knowledgeability and ...
pygosceles's user avatar
1 vote

What is jury nullification?

It has been accepted under English Common Law for centuries, (jury trial began around 1215), that jurors have an absolute right to bring in any verdict, and are not answerable for their decision to ...
WS2's user avatar
  • 261

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