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submitted 3 months ago by geneva_convenience@lemmy.ml to c/usa@lemmy.ml

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.”

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[-] testfactor@lemmy.world 3 points 3 months ago

To your last part, a judge can't JNOV if the verdict was not guilty.

From that wiki :

A judge may not enter a JNOV of "guilty" following a jury acquittal in United States criminal cases. Such an action would violate a defendant's Fifth Amendment right not to be placed in double jeopardy and Sixth Amendment right to a trial by jury.

So if they jury annul, that's the end, and there's really no recourse for the state at that point.

Agree with everything else you said though.

this post was submitted on 11 Jan 2025
205 points (99.5% liked)

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