[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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