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Chapter 4

LAWS 1000 Chapter Notes - Chapter 4: Jury Nullification, Hung Jury, Abortion Clinic


Department
Law
Course Code
LAWS 1000
Professor
All
Chapter
4

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PASS – LAW – March 4, 2013
What is/are negatives of using a trial by jury?
oslow moving process
What is some of the reasons Brooks used to criticize trial by jury?
ojuries swayed by emotion
odiscrimination
oinefficient: less efficient
oincreasing complexity of trial and evidence
What is Jury nullification?
oWhen a jury chooses one side because of personal/moral reasons rather than
what the law says – The defendant must be plead guilty to apply nullification
omurder and treason are common jury cases
Butler – Discussion
ouse jury nullify power as a response to overrepresentation
Jury – discussion
ohas to view the facts of case in determining guilt
ojury can not determine sentencing (term of punishment) only the judge does this
decision
ojury as a collective can have the power to make a decision that is outside of the
law
ohung jury – when the jury can’t make a unanimous decision
oa juror cannot remove themselves from the jury
Jury nullification Key Cases
Case Facts Relation to jury nullification
Morge
ntaler
1988
He admitted in court that he set up an illegal
abortion clinic. He stated a jury would not convict
him and three times he was charged without the
jury finding him guilty. After the third case the
Quebec Appeals court went against the jury and
turned the conviction to guilty due to jury error. The
amendment was made that appeals courts cannot
Morgentaler amendment = appeal courts
can't overturn the jury’s decision
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