Abstract
This chapter presents an authoritative case against jury nullification. It begins with an overview of the scope and costs of jury nullification before turning to the the wisdom of nullification. It then proposes two alternatives to jury nullification: affirmative defense and use of error-correcting devices. The chapter includes comments by some of the nation's top legal scholars from the field of criminal law, tackling topics such as how jury nullification checks prosecutorial power, jury information and instruction, erroneous acquittals, and accuracy and legitimacy of adjudication of criminal cases.
| Original language | English (US) |
|---|---|
| Title of host publication | Criminal Law Conversations |
| Editors | Paul H. Robinson, Stephen Garvey, Kimberly Kessler Ferzan |
| Place of Publication | Oxford |
| Publisher | Oxford University Press |
| ISBN (Print) | 9780199861279 |
| DOIs | |
| State | Published - 2009 |
Keywords
- jury nullification
- adjudication
- erroneous acquittals
- prosecutorial power
- criminal law
- error-correcting devices
- affirmative defense