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 …
Questia, a part of Gale, Cengage Learning. www.questia.com
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.
This material is protected by copyright and, with the exception of fair use, may not be further copied, distributed or transmitted in any form or by any means.