What is your opinion about Jury Nullification and Jury Immunity?
I believe that jury nullification should be part of all jury instructions. I think it is vital to our system - we the people are the final vote. So, yes I support Jury Nullification. Jurors need to know they can’t be punished for their verdict - Jury Immunity.
Jury nullification occurs when even if the defendant is guilty, but a jury chooses to acquit him/her anyway because the jurors also believe that the law itself is unjust. Or that the prosecutor has misapplied the law in the defendant's case or that the potential punishment for breaking the law is too harsh. Some juries have refused to convict due to their own prejudices in favor of the defendant. Nullification can also occur in civil trials.
Nullification is the logical consequence of two rules governing the systems in which it exists.
---New Hampshire is the only state that has Jury Nullification in the Jury Instructions.
“In all criminal proceedings the court shall inform the jury of its right to judge the facts and the application of the law in relation to the facts in controversy. At the request of the defendant or the defendant’s attorney, the court shall instruct the jury as follows: If you have a reasonable doubt as to whether the state has proved any one or more of the elements of the crime charged, you must find the defendant not guilty. However if you find that the state has proved all the elements of the offense charged beyond a reasonable doubt, you should find the defendant guilty, unless your right of conscience dictates that the facts of the case reveal that a guilty verdict will yield an unjust result; accordingly you shall find the defendant not guilty.”