News1 min ago
What is Jury Nullification?
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Should the jury be able to return a verdict based upon their own sense of justice, regardless of what the law says?
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I firmly believe that one of the greatest benefits of a jury trial is that it allows a small amount of flexibility that doing things by-the-book does not.
If someone has technically broken the law, but clearly does not deserve to be punished, then I'm all in favour of a jury finding them not guilty.
People with perhaps a greater belief in the justice system may say that someone who doesn't deserve to be punished could still be discharged absolutely by a judge at sentencing, but I argue that in these days of CRB checks, the conviction itself has become a punishment, making jury nullification a tool of even greater importance.
I firmly believe that one of the greatest benefits of a jury trial is that it allows a small amount of flexibility that doing things by-the-book does not.
If someone has technically broken the law, but clearly does not deserve to be punished, then I'm all in favour of a jury finding them not guilty.
People with perhaps a greater belief in the justice system may say that someone who doesn't deserve to be punished could still be discharged absolutely by a judge at sentencing, but I argue that in these days of CRB checks, the conviction itself has become a punishment, making jury nullification a tool of even greater importance.
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