Jury nullification is the term for when a jury declines to convict a defendant despite overwhelming evidence of guilt. This can be a form of civil disobedience, a political statement against a specific law, or a show of empathy and support to the defendant.

“It’s not a legal defense sanctioned under the law,” said Cheryl Bader, associate professor of law at Fordham School of Law. “It’s a reaction by the jury to a legal result that they feel would be so unjust or morally wrong that they refuse to impose it, despite what the law says.”

  • Theroddd@lemmy.ml
    link
    fedilink
    arrow-up
    0
    ·
    5 days ago

    A hung jury, where they cannot reach an agreement on guilt. Can be retried with a new jury, and probably would be in this case.

    Jury nullification, would be all jurors agreeing on a not guilty verdict. The case is over and cannot be retried.

    I suppose that one out of twelve could hang the jury over and over and the trials would just continue forever if the prosecution kept deciding to retry it.

    • Josey_Wales@lemm.ee
      link
      fedilink
      English
      arrow-up
      0
      ·
      4 days ago

      If all vote not guilty it’s called an acquittal.

      Source: I have been a public defender in NYC for 15 years.

      • Theroddd@lemmy.ml
        link
        fedilink
        arrow-up
        0
        ·
        4 days ago

        Right… And they would vote not guilty even though the guilt is obvious. Despite the evidence…

        I have been penguine emperor of Iran for 38 year.