OH YEAH THEYRE TALKING ABOUT IT NOW
Please do not remove mods, really sorry for the Google AMP link, but this is a “subscribers only” blocked article on CNN that for some reason AMP just straight up bypasses and opens fine.
Direct link: https://www.cnn.com/2025/01/10/us/jury-nullification-luigi-mangione-defense/index.html.
Edit 1: updated title, CNN changed it on me
Jury nullification is also why cops who murder people and klansmen get acquitted. It’s not necessarily a good thing, just a quirk of the system.
It’s not some minor quirk of the system. It’s the only reason we have juries at all. If you just wanted a group of 12 people to decide guilt and innocence based on the facts of the case and the letter of the law, you would never hire 12 random untrained nobodies for that purpose. If that is all juries were for, you would have professional juries; being a juror would be a career that required a law degree.
We have juries to protect against corrupt laws. That is the only saving grace of having guilt and innocence be decided by 12 random untrained nobodies. Legislatures can become corrupted and end up criminalizing things that the vast majority of the population does not consider to be wrong. A jury of your peers is the last line of defense against corrupt laws. And this mechanism is the only reason we have juries like we do.
No, juries are the triers of fact. Juries do not exist to make a determination as to whether the law is fair or not and are (usually) explicitly told this. They have to listen to the facts, decide what actually happened, and then whether the facts match the elements of whatever crime is being charged.
I agree that getting a jury of twelve randomish peers is actually not the greatest system, but it’s what we’re working with. So in this paradigm, jury nullification is a huge problem because it’s twelve random people just deciding not to enforce a law the rest of society (sort of) has said needs to be enforced. This in turn leads to white supremacists getting acquitted by juries after prosecutors proved beyond a doubt that the defendants committed the crime and the same happening with police that abuse their powers.
It could end up working to protect civil liberties. But the reality is it mostly results in the status quo being upheld and/or actual criminals that need some kind of punishment being acquitted.
This is a self-serving lie promulgated by legislators and jurists who loathe a check on their own power.
Form follows function. The jury nullification “loophole” has been known for centuries. Entire constitutions have been written knowing full well that they will enable jury nullification. There are ways you could design a legal system that wouldn’t allow nullification. Yet time and time again, the people have chosen not to reform the system to eliminate jury nullification.
Yes, giving juries power to judge the law often produces negative outcomes. But that’s simply democracy. Sometimes democracies produce bad outcomes, just like any system of government.
Oh it’s definitely a good thing. But sometimes people are bigots. Fortunately most people dont want to let Klansman get aquited.
As much as most people on the left want juries to nullify in cases of unfair or unjust laws, the reality is it mostly results in murderous cops going free and corporations getting free passes. Like I said in another comment, while jury nullification could be used to tackle unfair laws, the reality is you mostly end up with actual racists and actively harmful corporations not being held accountable. Jury nullification is itself not good or bad, but it’s mostly used for bad. Frankly, I don’t really love the jury system but that’s a while bigger issue.
Most people wouldn’t support a muderois cop. The reason cops go free is because most of them never see a jury trial. They dont even get indicted.