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The Interplay Of Race And False Claims Of Jury Nullification, Nancy S. Marder
The Interplay Of Race And False Claims Of Jury Nullification, Nancy S. Marder
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The Myth Of The Nullifying Jury, Nancy S. Marder
The Myth Of The Nullifying Jury, Nancy S. Marder
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Jury nullification, an issue that has received much public attention, has been used loosely to describe verdicts with which members of the press and public disagree. One aim of this article is to explain what nullification is and to identify and describe three different situations in which nullification is likely to arise. Another aim is to offer two conceptions of the jury before assessing whether nullification is helpful or harmful to the judicial system. One conception, "a conventional view," largely held by judges, regards the jury as a fact-finding body and little more. My own conception, which I have labeled …