• TheObviousSolution@lemm.ee
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    8 hours ago

    Jury nullification doesn’t really exist. It’s just an attempt to label something the jury decides that you believe goes against the law. The fact is, the jury is part of the law, and the jury can decide what parts of it are relevant, are enforceable in the case, and which need special considerations. Complaining about “jury nullification” is complaining about one of the fewest democratic elements in the judicial system, a system that on its own is almost completely autocratic and as such that much more susceptible to the formation of oligarchies and nepotism from within.

    • JonsJava@lemmy.worldM
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      7 hours ago

      It’s actually the conclusion of 2 things:

      • Double Jeopardy means your cannot try someone twice for the same crime
      • A juror cannot be held accountable for a decision they make

      If both hold true, then logically, a jury can make a decision against legal precedent, without fear of repercussion - unless they are paid/coerced to come to that conclusion, and the defendant - once cleared by by a jury - cannot be tried again.

      This means that legally, a jury can say GTFO to jury instructions set by judges.

      • ✺roguetrick✺@lemmy.world
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        21 minutes ago

        This means that legally, a jury can say GTFO to jury instructions set by judges.

        Only when it comes to acquittals though, which aren’t appealable. Those decisions can and will be reversed in civil cases or if people convict inappropriately. You mentioned as much by noting double Jeopardy but I still think it’s an important distinction that makes it irregular.

      • fine_sandy_bottom@discuss.tchncs.de
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        4 hours ago

        The salient question is not whether it exists, but whether it’s a feature or a bug.

        If jurors are intended to resolve questions of law, then judges really have no purpose. Just let jurors decide based on how much they like the defendant.

        You may as well just do trial by combat instead - equally as just but far more entertaining.

        • TheObviousSolution@lemm.ee
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          2 hours ago

          By that logic, why bother with democracy and not trial by combat?

          The problem with your logic is that you assume jurors don’t have a sense of ethics and justice. If they truly don’t, then forget the judiciary as a problem, because the society itself isn’t going to hold up. So in that way, applying your logic here and under that assumption you are right, why bother with democracy and not trial by combat when people no longer care about acting in good will?

        • JonsJava@lemmy.worldM
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          37 minutes ago

          If it’s a bug, wow. Almost 250 years, and they can’t fix it?

          Also, judges are there to make sure both sides play by the rules.