Jury Nullification

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Studentssignature (name typed here is equivalent to a signature) Debra Bush, Sherrolyn Newel, and John Sydney Abstr serve This paper pass on stress on lam-based venire override as one and only(a) of the remaining barriers to racial equality in the American form of redressfu l(prenominal)ice.The paper will also focus on examples of past and present-day race-based venire nullification and shows how the purpose of race-base venire nullification is an current source of controversy in American life. The controversy e realityates from a lack of direct goals within the system. Finally, the paper will conclude by indicating that because of racial biases or motives, a board whitethorn not always vote according to the facts presented. gore Nullification panel nullification is a jury that cerebrates that a defendant is transgressiony consciencey of charges provided on his or her ingest reason decide a non-guilty finding of fact.The jurors commit that the equity is unjust and refuses to censure an individual even if there is certainty of guilt. The reason can involve the jurors view on unjustness and disadvantage because of the race of the individual. Nullification is very controversial when it concerns race. Supporters of race-based nullif ication believe that dimmed juries should acquit Black defendants for non violent offense even when the register of guilt is clear (Cato, 1999). Supporters believe that Black American should participate in race-based jury nullification to bring changes in how justice handles minority cases (Jermal, 1997).Supporters believe that the system is set to arrest Blacks for economic crimes and allow child molesters, rapist, and murders go free. This evil takes a toll on minorities and the faith they have in the criminal justice system. Several examples of race base nullification include * Harriett Tubman guilt of multiple Federal charges by violating Federal slave laws * Drug self-control cases that involve three strike a person is out sentence. A third felony will grant a life sentence.Jury for nullification believe a harsh sentence is unjust than violating the act of the law * In Albany, N. Y. 11 white decided that an African American was guilty of distributing cocaine. The twelfth j uror, an African American, refused to convict because the juror was sympathetic to African American who conflict to make a living * An all grisly jury pronounce an African American man accused of murder. The majority decided the man was guilty but returned a not guilty verdict Supporters for race-based jury nullification want fairness concerning laws for minority groups.Raced-based jury nullification hinges on two truths (a) a juror cannot convict on a verdict that the renders, and (b) the Fifth Amendment concerning double jeopardy when the system cannot retry a defendant. Supporters for race-based jury nullification believe race is a strong factor for the superior numbers of acquittal in criminal cases. Race-based jury nullification, as one would say, is a long time thorn in the side of two prosecutors and defense attorneys. Jury nullification is simply a jury who believes the defendant is guilty of the charges but for his or her own reasons decided to handout a non-guilty ver dict (Rivera, 2006).Jury nullification can take galore(postnominal) forms. For example, race-based jury nullification may take the form of race, religion, and in some cases gender. However, based on the Cato Policy Report the nullification rest solely on the race of the defendant (Rivera, 2006). A strong supporter of race-based jury nullification is capital of Minnesota Butler a graduate from Yale with a J. D. from Harvard and is currently a law professor at George Washington University. Butler believes that Black juries should acquit black defendants for nonviolent offenses even when the evidence of guilt is clear (Cato, 1999).On the surface, this may take care like the right thing to do after so many years of abuse by the system toward Blacks but race-based jury nullification goes against everything the justice system stands for. Many jurors are using race nullification as a way of redemption for the years of the imprisonment of Blacks just because of their race. In 1991, a visi ting Jewish scholar, Yankel Rosenbaum, suffered a fatal wound wound in Brooklyn by a black mob scandalize that a Black youngster had been run over and killed by a religious Jewish motorcade. Rosenbaum lived long enough to identify Lemrick Nelson Jr. s the stabber, but a largely black jury did not convict Nelson. Later, some jury members went partying with Nelson to celebrate the acquittal. Nelson subsequently moved to Georgia, where he sure a conviction for slashing a schoolmate (Leo, 1995). An some other famous case called the most outre case of race-based jury nullification was the exam of Marion Barry, the second-term mayor of the District of Columbia. Barry received a conviction for drug pigheadedness and perjury, despite that he was obviously guilty of at least one of the 14 chargeshe smoked cocaine on FBI videotape. Black prosecutors cute their office to lose its case.The theory was that prosecution of Barry was another racist act by the law. Barry received a conviction on one of the 14 charges pending against him a misdemeanor charge for possessing cocaine in November 1989. Jurors not guilty him of one of the other charges of possessing cocaine in September 1988. On the other 12 charges, jurors were so deeply and passionately divided they could not have a verdict. I believe the government was out for Marion Barry, one juror said. U. S. District Judge Thomas Penfield Jackson declared a mistrial on the 12 deadlocked charges (Washington Post).Barry eventually received a sentence of half dozen months in prison in October 1990. Professor Andrew Leipold wrote in the Virginia Law criticism view That in his opinion the doctrine of nullification exerts more warp over the criminal justice system than one may expect. He argues that jury nullification imposes costs on the system even when it is not exercised because of procedural rules, permit its possible use by a jury (ONeill). Jurors must perform their duties properly and justly. They must take the s ituation earnestly and must not make a decision based on their personal beliefs, but instead base their decision on the facts presented.Jury nullification is certainly a controversial topic that has many critics, especially those who seize that such an approach is disrespectful to the letter of the law. Because of these principles, The Fully Informed Jury Association came into existence in 1989 with the goal of protecting and publicizing the right of juries to nullify (Lal). This is not to say that there is anything wrong with allowing Latino or African American communities to deliver judgment matters according to his or her own standards, especially when the traditional criminal justice system certainly has do the American community an unequal disservice.The justice system is set up to be fair and impartial to all people. Although the system is set up to be fair, race-based nullification goes against these ideals. Nullification comes with many flaws one of which is incarcerate t he straightforward and set the guilty free. Conclusion The team examined the issues of race-based jury nullification and conclude that external factors such as race, religion, or gender are ongoing sources of controversy in the American system of justice.The team believes that although some critics gesture the practice that a jury, as a symbol of law should demo diverse community interests and that no single set of values or biases control decision making. As a consequent, the team opposes race-based jury nullification on the premise that persons selected as trier of facts should demonstrate to society that persons charged of criminal wrongdoing are guilty on the basis of evidence presented.Although the team opposes such practice, the team also realizes that public respect and swan for persons selected as trier of facts will remain high within the American system of justice.