Monday, May 20, 2013

Here's the test case for jury nullificiation

If you can read this story about an 18 year old Florida girl facing years of jail time and a future as registered sex offender and NOT think that jury nullification is a good idea, then you probably shouldn't click this link, either:

Fully Informed Jury Association.


Duffy said...

Do you know if there is any constraint on jury nullification in DE? I understand in some jurisdictions the judge will either issue instructions against it or, in some cases, set aside verdicts that are nullifications.

Josh Phipps said...

I have a case coming up soon where a statist politician got mad that I threatened to post his criminal record on a telephone pole.
While it may be against the law I am holing out hope that the jury will nullify it since its a ludicrous crime

tom said...
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tom said...

The only references to juries in the Delaware Constitution are the rather cryptic statements that "Trial by jury shall remain as heretofore" [Art 1, Sec 4], and "... and in all indictments for libels the jury may determine the facts and the law, as in other cases." [Art 1, Sec 5, emphasis mine].

I'll spare you the lengthy legal analysis, and just say that it means our Jury Rights derive from English Common Law, and that Nullification is absolutely valid in all cases.

Most DE judges OTOH seem to think this should be kept a deep dark secret and threaten the defense w/ contempt if they mention it.