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Arguments Against Jury Nullification

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Aff Case

“There is no crueler tyranny than that which is perpetuated under the shield of law and in the name of justice.” It is because I agree with the words of Charles de Montesquieu that I affirm the resolution: in the United States criminal justice system, jury nullification ought to be used in the face of perceived injustice.
My value in this round is justice. Justice is defined as giving people their due. Justice within the context of today’s round can be seen as exclusively retributive as we are discussing a just response towards a transgression of American law. The central question of the resolution is whether a just society ought to implement jury nullification as a legitimate check towards the exercise of governmental power thus …show more content…

Perceive, from Oxford, means: To regard as. Injustice, from Webster, means: a situation in which the rights of a person or a group of people are ignored. Ought, from Oxford, means: duty or correctness. This entails a moral obligation, thus a just society is morally obligated to allow jury …show more content…

Police officers, too, “take into consideration factors such as whether” the behavior of the accused “was merely a technical violation or whether other circumstances not formally recognized by the law justified or excused a defendant’s actions.” When police officers so use their judgement to apply and interpret the law, it is not considered anarchy or lead “to the end of the rule of law.” When prosecutors consider factors that are not relevant to a strict application of the law to decide whether or not to file charges, they are using their judgement. This happens almost every day, and this has not led to the end of governmental power. Thus, jury nullification has an inherent purpose: “to weed out inappropriate prosecutions where police and prosecutors failed to do

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550 Words | 3 Pages

Summary of Source The editorial discloses the power that the Court adheres to and whether it should be accountable for the decision making of fugitive slaves. The writer had discussed that in no way did the verdict of the Dred Scott case follow an act of law, but was merely “nullity.” During the settlement, they decided that since Dred Scott’s master had brought him on free land in Missouri or of the United States without having a citizenship, which resulted in him having no case. It continues on to say that the jurisdiction of the case was influenced by opinion, which did not involve any legalities.

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For the Portfolio Project I am choosing Option 2; Refuting that “justice” was achieved. I will draw upon my own concept of justice, the legal concepts of justice, studies, articles and empirical research to allow for my conclusion. Furthermore, I will consider the victims, (plural), and the impact of Richards sentence on his life. The Case of Richard Mijares At the outset of this class we were instructed to watch videos of Richard Mijares, a youthful offender who shot and killed his mother when he was aged seventeen years.

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1820 Words | 8 Pages

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125 Words | 1 Pages

Critics try to counter by saying that jury nullification is a bad method because juries are not experienced and trained as police and prosecutor are. The thing is though juries are useful exactly because they are not trained to know the law. They are a common sense point of view because they are not affected by restricting law. Such a common sense point of view is necessary to properly balance the rule of law with the fair application of justice—because a purely legal approach made by lawyers and judges can often result in harsh results. That is why it is important to have another party whose views can be different from judges and lawyers to have the power to counter the wrongness made by them.

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1035 Words | 5 Pages

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