[SML] Genie AWP-25S

billn at peak.org billn at peak.org
Fri Sep 26 04:14:33 UTC 2014


> Not enough jurors are allowed to know about nullification.

Yep. In most jurisdictions, the judge is directed to inform the jury, in
instructions to the jury, to only consider the facts as presented and as the
judge states the law applies to those facts. The judge is not allowed to even
hint that the jury has the right (I could argue - the duty) to judge the law
as it pertains to that particular case.

I do not know if jurors discussing jury nullification during deliberations is
grounds for a mistrial.

Fortunately, prosecutors never ask prospective jurors how they feel about
judging the law itself - as that would bring the matter to the minds of all
the prospective jurors.

Defense lawyers are prohibited from doing so as well although, in many cases,
I suspect they would love to do so.

Bill






More information about the Stagecraft mailing list