This Comment will argue that jury nullification is not only a power enjoyed by juries throughout America, but a duty conferred on jurors, and a part of the criminal justice system that should be embraced, not hidden from sight. Part I will highlight the historical origins and justifications of jury nullification. It will also discuss jury nullification in its contemporary context. Part II will address some of the criticisms of jury nullification and provide responses to those criticisms. Finally, Part III will propose a framework for integrating jury nullification into the regular criminal justice process.
Robert J. Gallaghe,
Civil Disobedience in the Jury Room: Give Juries the Right to Go with Their Power,
Rich. J.L. & Pub. Int.
Available at: http://scholarship.richmond.edu/jolpi/vol9/iss1/5