INDIANA BILL OF RIGHTS
What is Jury Nullification?
Jury nullification is a rightful and constitutionally protected process in which jurors may chose to find a defendant not-guilty in a court proceeding for any reason.
Some states, like Indiana, have provisions written into their State Constitution in the Bill of Rights to protect nullification.
Indiana Constitution Article I, Section 19, states: "In all criminal cases whatever, the jury shall have the right to determine the law and the facts."
The jurors may believe the law to be unjust or unreasonable, the penalties may seem too harsh for the crime, or the law may be outdated, or out of touch with the situation, or modern reality.
Regardless of the law, jurors have the right to regard and interpret the law and facts to find a defendant not-guilty for any reason they see fit.
Some states, like Indiana, have provisions written into their State Constitution in the Bill of Rights to protect nullification.
Indiana Constitution Article I, Section 19, states: "In all criminal cases whatever, the jury shall have the right to determine the law and the facts."
The jurors may believe the law to be unjust or unreasonable, the penalties may seem too harsh for the crime, or the law may be outdated, or out of touch with the situation, or modern reality.
Regardless of the law, jurors have the right to regard and interpret the law and facts to find a defendant not-guilty for any reason they see fit.
MORE LINKS AND INFORMATION ABOUT
JURY NULLIFICATION
JURY NULLIFICATION
10th Amendment Center on Nullification
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Fully Informed Jury Association
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More info on Jury Nullification
Jury nullification is a legal concept that allows jurors to acquit a defendant in a criminal trial, even if the evidence shows that the defendant is guilty according to the letter of the law.
This process occurs when jurors believe that applying the law in a particular case would result in an unjust or unreasonable outcome, and they choose to exercise their discretion by finding the defendant not guilty.
Jury nullification is considered a powerful tool for citizens to voice their dissent against unjust laws or overly harsh punishments.
In the United States, including the state of Indiana, the idea of jury nullification is rooted in the principle that jurors not only have the responsibility to determine the facts of a case but also to interpret and apply the law. The Indiana Constitution, Article I, Section 19, underscores this principle: "In all criminal cases whatever, the jury shall have the right to determine the law and the facts."
This provision grants Indiana jurors the explicit authority to consider both the law and the evidence presented in court and to render a verdict based on their conscience and interpretation of justice.
Historically, jury nullification has been invoked in various cases to challenge oppressive laws, highlight moral disagreements with statutes, or mitigate unduly severe punishments.
While it's important to note that jury nullification is not always well-received by legal authorities, it has been instrumental in bringing about change and promoting public debate on important societal issues.
Here are a few historical references that demonstrate instances of jury nullification and its impact:
Some critics of jury nullification argue that jurors should strictly follow the law as instructed by the judge, as allowing jurors to nullify laws may undermine the rule of law and lead to inconsistent outcomes.
Jury nullification is a constitutionally protected process in Indiana and other states, granting jurors the authority to find a defendant not guilty based on their interpretation of the law and their sense of justice. This process has historical roots in challenging unjust laws and promoting societal change, even though its application can be contentious.
Jury nullification is a legal concept that allows jurors to acquit a defendant in a criminal trial, even if the evidence shows that the defendant is guilty according to the letter of the law.
This process occurs when jurors believe that applying the law in a particular case would result in an unjust or unreasonable outcome, and they choose to exercise their discretion by finding the defendant not guilty.
Jury nullification is considered a powerful tool for citizens to voice their dissent against unjust laws or overly harsh punishments.
In the United States, including the state of Indiana, the idea of jury nullification is rooted in the principle that jurors not only have the responsibility to determine the facts of a case but also to interpret and apply the law. The Indiana Constitution, Article I, Section 19, underscores this principle: "In all criminal cases whatever, the jury shall have the right to determine the law and the facts."
This provision grants Indiana jurors the explicit authority to consider both the law and the evidence presented in court and to render a verdict based on their conscience and interpretation of justice.
Historically, jury nullification has been invoked in various cases to challenge oppressive laws, highlight moral disagreements with statutes, or mitigate unduly severe punishments.
While it's important to note that jury nullification is not always well-received by legal authorities, it has been instrumental in bringing about change and promoting public debate on important societal issues.
Here are a few historical references that demonstrate instances of jury nullification and its impact:
- Fugitive Slave Act (1850): During the mid-19th century, juries in Northern states occasionally practiced jury nullification in cases involving the enforcement of the Fugitive Slave Act, which required the return of escaped slaves to their owners. Northern jurors, opposed to the institution of slavery, often refused to convict individuals accused of helping escaped slaves. They saw the law as unjust and inhumane, leading to instances where defendants were acquitted despite clear evidence of their actions.
- Prohibition Era (1920s-1930s): Jury nullification was also evident during the Prohibition era when the 18th Amendment prohibited the sale and consumption of alcohol. Jurors sometimes refused to convict individuals charged with violating Prohibition laws, as they believed that the laws were out of touch with societal norms and values. This resistance contributed to the eventual repeal of Prohibition.
- Drug Laws and Civil Disobedience: In more recent times, jury nullification has been invoked in cases involving drug-related offenses. Some juries have chosen not to convict defendants charged with minor drug possession or distribution, particularly when they view the penalties as disproportionately severe or the laws as ineffective. This has led to debates about the role of juries in shaping drug policy and criminal justice reform.
Some critics of jury nullification argue that jurors should strictly follow the law as instructed by the judge, as allowing jurors to nullify laws may undermine the rule of law and lead to inconsistent outcomes.
Jury nullification is a constitutionally protected process in Indiana and other states, granting jurors the authority to find a defendant not guilty based on their interpretation of the law and their sense of justice. This process has historical roots in challenging unjust laws and promoting societal change, even though its application can be contentious.