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.”

  • Josey_Wales@lemm.eeEnglish
    0·
    27 days ago

    Did you read the article? From the article:

    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.>

    from NY Courts - Criminal Trial

    In a jury trial, after all the testimony has been heard and all the evidence has been presented, the Jury is given instructions on the law by the Judge. The jury then goes to the jury room to deliberate, which means to look at and review all the evidence and testimony. The jury tries to make a decision on whether the defendant is guilty or innocent, which is called reaching a verdict. The verdict must be unanimous, meaning every juror must agree on the verdict. If they can’t all agree, this is called a hung jury, and the Judge will have to declare a mistrial. A mistrial does not mean that the case is over. After a mistrial, the prosecutor can choose to try the case again.>

    That means as long as one juror refuses to give in to pressure to convict they can nullify. They don’t need 12. In other words jury nullification <> being found not guilty

    • Theroddd@lemmy.ml
      0·
      27 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.eeEnglish
        0·
        27 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
          0·
          26 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.

          • Josey_Wales@lemm.eeEnglish
            0·
            26 days ago

            That’s literally the definition of jury nullification which is what this discussion is about.

            Congrats on your reign btw. Sounds like a “Happy Feat”