|
Whereas a judge will instruct a jury to weigh the evidence and judge wether or not a crime has been committed, there is no law that deprives a jury from excercising Jury Nullification, i.e. choosing to find a person Not Guilty because the law is fundamentally unsound. A judge may even warn a jury against jury nullification BUT in the end the jury is free to hand down whatever verdict it chooses based on whatever reasoning it chooses. A judge can reverse a guilty verdict, but may not reverse a not-guilty verdict.
The people of america could take this country back by practicing jury nullification, by only finding people guilty of crimes that are worth being found guilty of. This would probably destroy the plea bargain system, because defendents would have a greater degree of faith in a jury of their peers if that jury was not bound by any restrictions save judging the accused in relation to society and not a strict reading of the law.
|