it is important to love lifeconstitutional doctrine which allows juries to acquit criminal defendants who are technically guilty, but who do not deserve punishment. It occurs in a trial when a jury reaches a verdict contrary to the judge's instructions as to the law.
Observation 1
Jury Nullification Jurors who might nullify are excluded through voir dire in the status quo
Aaron McNight ‘14", J.D. and prosecutor for city of Orem, Utah, January 27, Jury Nullification as a Tool to Balance the Demands of Law and Justice," Brigham Young University Law Review Vol. 2013 No. 4, http://digitalcommons.law.byu.edu/cgi/viewcontent.cgi?article=2890&context=lawreview (accessed 7/29/2015)
Courts currently use voir dire [which is the preliminary examination of a witness or a juror by a judge or counsel] to limit jury nullification by asking questions to discover and excuse jurors that are likely to engage in jury nullification. Specifically, a court can focus on the jurors’ ability to follow the law, to be a fair judge of all witnesses, to set aside personal beliefs and biases, to overcome personal opinions towards the defendant, and to disregard the penalty when making a decision. Past cases in certain jurisdictions went so far as to require jurors to be asked about their views of the death penalty and to exclude those that are against it out of fear that such jurors would nullify a death penalty case (although the Supreme Court later prohibited that practice). Since voir dire happens before every trial as part of jury selection, most attorneys and judges ask questions of this nature and exclude jurors based on their responses.
Contention 1
Jury nullification serves as a check against unlawful government procedure, ensuring justice when the exclusionary rule fails
Aaron McNight ‘14, J.D. and prosecutor for city of Orem, Utah,