this post was submitted on 11 Jan 2025
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What is jury nullification and what does it mean for Luigi Mangione’s defense? (edition.cnn.com)
submitted 1 week ago by geneva_convenience@lemmy.ml to c/usa@lemmy.ml
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Jury nullification is the term for when a jury declines to convict a defendant despite overwhelming evidence of guilt. This can be a form of civil disobedience, a political statement against a specific law, or a show of empathy and support to the defendant.

“It’s not a legal defense sanctioned under the law,” said Cheryl Bader, associate professor of law at Fordham School of Law. “It’s a reaction by the jury to a legal result that they feel would be so unjust or morally wrong that they refuse to impose it, despite what the law says.”

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[–] dhork@lemmy.world 19 points 1 week ago* (last edited 1 week ago) (23 children)

Lemmy's not gonna like what I have to say, but jury nullification is simply not going to happen here. It will require the entire jury to agree, and as popular as this POV is here on Lemmy, I sincerely doubt you will be able to sneak 12 NYC jurors through jury selection that are inclined to do this. Maybe for some other non-violent crime, but not for walking up to a man in front of the Hilton and shooting him dead, no matter what his rationale is. They all walk down Sixth Avenue regularly, they're not gonna all agree to hold this guy unaccountable for murder in broad daylight. (Particularly when they all mocked Trump for saying he could get away with it, one avenue over.)

Now, it is possible that one person might sneak on the jury who finds that Mangione is a sympathetic figure, and insists on not convicting him. But that is a different situation. When the jury is at a fundamental impasse and can't agree on any verdict (a hung jury) the judge will order a new trial and they do it all over again. And, it's also possible for Mangione to get let off entirely if the prosecutors are morons and make fundamental errors. (Case in point: Trump's Georgia trial, where Trump managed to run out the clock due to the prosecution's unforced errors). But if the evidence is really there, I really doubt 12 New Yorkers will agree and say "Yeah, he did it, but shouldn't be punished for it".

[–] Josey_Wales@lemm.ee 9 points 1 week ago* (last edited 1 week ago) (20 children)

Did you read the article? From the article:

Jury nullification is the term for when a jury declines to convict a defendant despite overwhelming evidence of guilt. This can be a form of civil disobedience, a political statement against a specific law, or a show of empathy and support to the defendant.>

from NY Courts - Criminal Trial

In a jury trial, after all the testimony has been heard and all the evidence has been presented, the Jury is given instructions on the law by the Judge. The jury then goes to the jury room to deliberate, which means to look at and review all the evidence and testimony. The jury tries to make a decision on whether the defendant is guilty or innocent, which is called reaching a verdict. The verdict must be unanimous, meaning every juror must agree on the verdict. If they can’t all agree, this is called a hung jury, and the Judge will have to declare a mistrial. A mistrial does not mean that the case is over. After a mistrial, the prosecutor can choose to try the case again.>

That means as long as one juror refuses to give in to pressure to convict they can nullify. They don’t need 12. In other words jury nullification <> being found not guilty

[–] Theroddd@lemmy.ml 11 points 1 week ago (9 children)

A hung jury, where they cannot reach an agreement on guilt. Can be retried with a new jury, and probably would be in this case.

Jury nullification, would be all jurors agreeing on a not guilty verdict. The case is over and cannot be retried.

I suppose that one out of twelve could hang the jury over and over and the trials would just continue forever if the prosecution kept deciding to retry it.

[–] Josey_Wales@lemm.ee -1 points 1 week ago (1 children)

If all vote not guilty it’s called an acquittal.

Source: I have been a public defender in NYC for 15 years.

[–] Theroddd@lemmy.ml 3 points 1 week ago (1 children)

Right.... And they would vote not guilty even though the guilt is obvious. Despite the evidence....

I have been penguine emperor of Iran for 38 year.

[–] Josey_Wales@lemm.ee 4 points 1 week ago (1 children)

That’s literally the definition of jury nullification which is what this discussion is about.

Congrats on your reign btw. Sounds like a “Happy Feat”

[–] Theroddd@lemmy.ml 1 points 1 week ago (1 children)

Am glad that you realized the defenition finally. Good on you!

[–] Josey_Wales@lemm.ee 1 points 1 week ago (1 children)

My liege… I suggest you devote a significant portion of this years penguin budget to reading comprehension. Be well!

[–] Theroddd@lemmy.ml 1 points 1 week ago (1 children)

You may go now

[–] Josey_Wales@lemm.ee 1 points 1 week ago (1 children)

I let you have this win, seems like you really need it! XOXO

[–] Theroddd@lemmy.ml 1 points 5 days ago (1 children)

As much as you seem to need the last word.

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