[Peace-discuss] Jury Nullification

C. G. Estabrook galliher at uiuc.edu
Mon Feb 2 10:47:51 CST 2009


I don't think that nullification means that the law has been misinterpreted or 
misapplied -- just that the law (accurately interpreted and applied) leads *in 
this case* to injustice.  (The question is left open whether there are other 
cases where it would not lead to injustice.)

If the law is simply misinterpreted or misapplied -- it doesn't include the 
drug, the possession of which the defendant is charged with, say -- then that 
alone requires acquittal, with no notion of nullification. --CGE

Ron Szoke wrote:
> There seems to be some vagueness here about what "jury nullification" actually 
> means.  It seems to me that it does not  in any way erase or invalidate the law 
> itself, but is a holding that the law has been misinterpreted or misapplied in a 
> particular case  -- which the jury, as the trier of fact, can so determine.  The law 
> still stands & remains in force, waiting to be applied or misapplied to the next 
> case,  right?
> 
> That the jury is also the trier of law -- the legal norm alleged to apply to the case 
> -- repeatedly appears in the statutes, but is obscure to me.  What does THAT 
> mean?
> 
> -- Ron
> 
> 
> 
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