Jury Nullification

Hagar

"Jurors should acquit, even against the judge's instruction... if exercising their judgement with discretion and honesty they have a clear conviction the charge of the court is wrong." ~ Alexander Hamilton, 1804.

This jury exercised their right of jury nullification. Judges and prosecutors never tell you this, but when you serve on a jury, it's not just the defendant on trial. It's the law as well. If you don't like the law and think applying it in this particular case would be unjust, then you don't have to find the defendant guilty, even if the evidence clearly indicates guilt.

In jury nullification, a jury in a criminal case effectively nullifies a law by acquitting a defendant regardless of the weight of evidence against him or her.

Does this principle exist in Irish Law? Can a jury find a defendant innocent despite the evidence and possible direction from the Judge? Would their verdict be dismissed and a new trial held or would the verdict stand? What effect if any would this have on precedent regarding future cases?

nero1916

Hey Hager,

I take it you were using stumble upon as well today. I had the exact same question when I read this. http://snardfarker.ning.com/profiles/blogs/jury-nullification-peers.

I dont know the answer but another thread was opened on Jury Nullification on boards. We might get a response from that. Heres a link (Tried using the "insert link" button but it just put the whole address on the page).

And yes, I am an idiot :rolleyes:

http://www.boards.ie/vbulletin/showthread.php?t=2055195380

Hagar

Indeed it was Stmbleupon. Since then that link has been PMed to me. It is still an interesting question none the less.