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The Law You Won’t Be Told

October 31, 2016 By Contributor

The power of a Jury to disregard the law and vindicate a defendant despite overwhelming evidence of guilt is called jury nullification. In most instances lawyers are prohibited from even hinting to the jury that it has this awesome power to nullify. The power of a jury to nullify a law lays at the foundation of our judicial process where the people are the ultimate final authority. The power of nullification is important because it serves a means to protect citizens from what may be considered an unjust law, overzealous prosecution, or what may be deemed excessive or inappropriate criminal charges. If you were to ever serve on a jury it’s not likely you would learn of your inherent right to nullify, but a plain reading of the United States constitution makes it all so plain. Reflected in the sixth amendment is the inviolable right to a jury determination of guilt or innocence in all criminal prosecutions.

 

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