Kenneth, attorney, on Jury North Dakota Law “The Contradictory Stance Nullification” 88 Review, 409 2012 [, , ] courts are forthright about the illegality of nullification when it As a final example of the general rule, comes to whether jurors with a penchant for nullifying can be struck during voir dire: the answer is a clear yes. "[C]ourts have excluded potential nullifiers from the jury before or even during trial."38 This general rule, though, is subject to one limited, but important, exception, discussed further in Section B. no settled conclusion on jury nullification in status quo law There’s Duvall 12 Kenneth, attorney, on Jury North Dakota Law “The Contradictory Stance Nullification” 88 Review, 409 2012 [, , ] As the result of a back and forth battle over jury nullification lasting centuries, different courts and jurisdictions remain maligned over the issue. Although courts currently disagree over their power and control over jury nullification as well as the role it plays in the criminal justice system, the United States Supreme Court has attempted to resolve these issues. In order to understand the current role of jury nullification, we must parse the language of the Supreme Court, which has in fact stated nullification is an illegal act by the jury, and yet curiously capitulates to the jury's capacity to nullify at will.
Kenneth, attorney, “The Contradictory Stance on Jury Nullification” 88 North Dakota Law Review, 409 2012 [, , ] As a final example of the general rule, courts are forthright about the illegality of nullification when it comes to whether jurors with a penchant for nullifying can be struck during voir dire: the answer is a clear yes. "[C]ourts have excluded potential nullifiers from the jury before or even during trial."38 This general rule, though, is subject to one limited, but important, exception, discussed further in Section B. There’s no settled conclusion on jury nullification in status quo law Duvall 12 Kenneth, attorney, “The Contradictory Stance on Jury Nullification” 88 North Dakota Law Review, 409 2012 [, , ] As the result of a back and forth battle over jury nullification lasting centuries, different courts and jurisdictions remain maligned over the issue. Although courts currently disagree over their power and control over jury nullification as well as the role it plays in the criminal justice system, the United States Supreme Court has attempted to resolve these issues. In order to understand the current role of jury nullification, we must parse the language of the Supreme Court, which has in fact stated nullification is an illegal act by the jury, and yet curiously capitulates to the jury's capacity to nullify at will.
Premier-Debate-Brief-ND15.docx