To: HamiltonJay
Ham,
You have offered nothing but your opinion,
offering nothing legally factual to back it up
... you obviously failed social studies spelling in grade school.
Go back to civics, look up double jeapardy, look up jury nullification.. A mistrial is not nullification, nor is a hung jury.
Still no authoritative definition. Opinion only.
To: Protagoras
Ah, I see, NO controlling legal authority.. how good of you to be here Al...
Ok here ya go Al, You have just deadlocked a jury, you refuse to convict because you believe the law the defendant violated is unjust.... Judge declares a mistrial... tell me mister controlling authority... what happens to the defendant now? Since you think this action will prevent punishment for unjust laws... tell me Sir, what happens to your defendant now?
To: Protagoras
Pro,
Here ya go, Definition directly from the the NOLO Legal Dictionary:
JURY NULLIFICATION:
A decision by the jury to acquit a defendant who has violated a law that the jury believes is unjust or wrong. Jury nullification has always been an option for juries in England and the United States, although judges will prevent a defense lawyer from urging the jury to acquit on this basis. Nullification was evident during the Vietnam war (when selective service protesters were acquitted by juries opposed to the war) and currently appears in criminal cases when the jury disagrees with the punishment--for example, in "three strikes" cases when the jury realizes that conviction of a relatively minor offense will result in lifetime imprisonment.
As you can planely see, nullification requires the JURY TO ACQUIT, not be hung. Have a nice day... Another house of your opinion cards goes crashing to the floor.
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