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What's something that feels illegal to know?
(lemmy.world)
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this post was submitted on 07 Dec 2023
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Historically it was used by white juries to let off fellow racists who committed crimes against minorities, which is why the courts discourage it.
It was also used during prohibition, and courts do more than discourage it, you can be held in contempt for mentioning it.
How is it intended to be used then, just pretend it doesn't exist till final deliberations?
It still exists, so when is it intended for?
It exists only as a consequence of two other requirements of the jury process. 1) jurors cannot be held accountable for any decision they make as a jury and 2) any not guilty verdict delivered by a jury is absolute and final.
It is meant to be a final check and balance on the courts by the populace to prevent tyrannical abuse of power. Say locking up political opposition, as an example.
That's a common belief, but it's not correct. It isn't MEANT as anything. It's purely incidental. A jury not guilty finding is irreversible. And jurors have certain criminal and civil immunity in their roles as jurors. Both of those facts are important for the functioning of our legal system, but they create a loophole. This loophole was named "Jury nullification" and was mostly used for terrible things like letting racists off.
I'm not saying it's not possible to use it for good, but it's certainly not some intended function of the justice system that's being kept quiet by the powers that be.
Wasn't the guy who killed his sons rapist in plain sight of everyone let off due to jury nullification?
Gary Plauché killed his son's rapist in front of a TV crew's rolling camera, he was only charged with manslaughter and received 5 years probation and 300 hours of community service partly due to state prosecutors not believing they would be able to successfully convict him of murder due to the public's widespread support of his actions
Soo like the threat of jury nullification?
That sounds like a pretty easy constitutional violation lawsuit, though.
It's also been used by black juries to protest mass incarceration and civil rights. The so called "Bronx jury" phenomenon.
Of course this might not be explicit nullification but rather the experiences of minority juries and their skepticism of the police leading to genuine reasonable doubt.
I have to admit, this is the dilemma I see; no system - Democracy, Law, Businesses, achieve their goals if a huge number of its participants have ulterior motives. You can't put 8 people in a room, and give them a "system" where they will move a ball from one side to the other, if 7 of them don't want to move it.
So while I hate the racists appearing on juries, I'm still not sure I'd use that as a justification against the practice.