The Rise of the AntiTrump Jury
News Source : New York Magazine
News Summary
- Jury nullification has a potent but largely unspoken role in our criminal justice process.
- Judges do not instruct jurors that they can disregard the actual evidence and reject a case for political or emotional or other extraneous reasons.
- Just as the jury serves as a bulwark of liberty by determining whether a defendant’s guilt has been proved beyond a reasonable doubt, so too can a jury reject cases that might be technically valid but just too much bullshit, in the broader (non-technical) sense.
When I was a brand new prosecutor at the Southern District of New York, the offices elite mob prosecutors tried John Gotti Jr. three times within a year. All three times, the jury hung. Throughout th [+7100 chars]
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