From Lustberg Law Offices, LLC – What is Jury Nullification? explores the often-misunderstood concept of jury nullification within the U.S. criminal justice system. This episode dives into how jurors sometimes deliver a “not guilty” verdict even when the evidence meets the legal standard, because they believe the law—or its application—is unjust.
We’ll begin by defining the term and contrasting it with traditional verdicts: how a standard jury decision follows the law and evidence strictly, versus how jury nullification reflects jurors’ moral or ethical judgments. Then we’ll look at how the process works in practice, notably in states like New Jersey, including how trial juries differ from grand juries in this context.
Next, we’ll unpack the key principles and factors that influence jurors’ decisions to nullify: perceptions of fairness, community standards, severity of punishment, and the defendant’s character. We’ll also explore the controversies surrounding this power—how it acts as a check on governmental overreach yet raises concerns about consistency and undermining the rule of law.
Finally, we’ll discuss how this concept matters for defendants, attorneys, and prosecutors. What does it mean for someone accused of a crime? How should a defense strategy account for this possibility (while respecting ethical boundaries)? What must prosecutors consider when a jury might exercise nullification? Tune in to gain a clearer understanding of how jury nullification works, its implications in jurisdictions like New Jersey, and why it remains a pivotal part of our justice system.
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