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1999

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Selected Works

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Full-Text Articles in Law

The Interplay Of Race And False Claims Of Jury Nullification, Nancy S. Marder Jan 1999

The Interplay Of Race And False Claims Of Jury Nullification, Nancy S. Marder

Nancy S. Marder

No abstract provided.


The Myth Of The Nullifying Jury, Nancy S. Marder Jan 1999

The Myth Of The Nullifying Jury, Nancy S. Marder

Nancy S. Marder

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 …