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Virginia's Jury Exemptions: Ripe For Reform, T. S. Ellis Iii, J. Thomas O'Brien Jr.
Virginia's Jury Exemptions: Ripe For Reform, T. S. Ellis Iii, J. Thomas O'Brien Jr.
University of Richmond Law Review
Jury exemptions are frequent targets of derisory comment. Who among us has not heard of the proverbial litigant who, upon hearing his lawyer describe juries and jury exemptions, remarked that only a fool would place his fate in the hands of seven or twelve people who were not smart enough to get excused through an exemption. Indeed, the number and scope of jury exemptions have grown so substantially over the years that it is not unreasonable to suppose that jury non-service is now the norm and jury service the exception.
A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal
A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal
University of Richmond Law Review
In a criminal case the option to return a general verdict of acquittal invests the jury with the raw power to nullify many legal determinations, including the trial judge's ruling that a search is constitutional. While courts grudingly acknowledge the existence of an extra-legal jury nullification power, courts do not recognize any jury prerogative to determine the lawfulness of a search. The United States Supreme Court's discussion of the jury's role in interpreting and applying the fourth amendment consists of one terse statement that the legality of a search "is a question of fact and law for the court and …