Appeals Court Sets New Rules for Judges on `Jury Nullification': `Juror's Purposeful Unwillingness to Apply the Law' Is Deemed Grounds for Removal

Murray, Frank J., The Washington Times (Washington, DC)

A federal appeals court has laid down the law on when judges may stop "jury nullification," dictating rules to govern the centuries-old practice in which jurors free the guilty they think are persecuted.

While lawyers find the new standard set forth last week to be tough - perhaps unattainable - both sides in the New York case consider it extraordinary even to try policing jurors' thoughts.

An opinion by Judge Jose A. Cabranes - listed as a possible candidate for a Supreme Court vacancy by President Clinton - said judges may expel a juror if they document his intent to ignore the law.

"We hold that a juror's purposeful unwillingness to apply the law - including stated intentions to [in effect] nullify on the basis of racial, cultural or political affinities with the defendants - is a proper basis for removal of …

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Publication information: Article title: Appeals Court Sets New Rules for Judges on `Jury Nullification': `Juror's Purposeful Unwillingness to Apply the Law' Is Deemed Grounds for Removal. Contributors: Murray, Frank J. - Author. Newspaper title: The Washington Times (Washington, DC). Publication date: May 26, 1997. Page number: 8. © 2009 The Washington Times LLC. COPYRIGHT 1997 Gale Group.

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