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A Defendant's Sixth Amendment Right to Jury Nullification
- Date Issued:
- 2016
- Summary:
- Jury nullification is defined as a "Jury's knowing and deliberate rejection of the evidence, or refusal to apply the law" (Black's Law Dictionary). Originally, U.S. jurisprudence recognized a juror's power to nullify a law as a necessary element of an impartial jury. However, U.S. courts have since been evolving an increasingly prohibitive stance regarding jury nullification. After careful examination of common law, U.S. case law, and analysis of legal and political theories which shaped the U.S. judicial system, I argue that a defendant's sixth amendment right will always be violated when a jury is prohibited from knowing its power of nullification and/or when a juror is reprimanded for exercising the nullification power.
Title: | A Defendant's Sixth Amendment Right to Jury Nullification. |
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Name(s): |
Smith, Jeremiah Shank Tunick, Mark Harriet L. Wilkes Honors College |
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Type of Resource: | text | |
Genre: | Thesis | |
Date Created: | 2016 | |
Date Issued: | 2016 | |
Publisher: | Florida Atlantic University | |
Place of Publication: | Boca Raton, Florida | |
Physical Form: | ||
Extent: | 97 p. | |
Language(s): | English | |
Summary: | Jury nullification is defined as a "Jury's knowing and deliberate rejection of the evidence, or refusal to apply the law" (Black's Law Dictionary). Originally, U.S. jurisprudence recognized a juror's power to nullify a law as a necessary element of an impartial jury. However, U.S. courts have since been evolving an increasingly prohibitive stance regarding jury nullification. After careful examination of common law, U.S. case law, and analysis of legal and political theories which shaped the U.S. judicial system, I argue that a defendant's sixth amendment right will always be violated when a jury is prohibited from knowing its power of nullification and/or when a juror is reprimanded for exercising the nullification power. | |
Identifier: | FA00003693 (IID) | |
Note(s): |
Includes bibliography. Thesis (B.A.)--Florida Atlantic University, Harriet L. Wilkes Honors College, 2016. |
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Held by: | Florida Atlantic University Libraries | |
Sublocation: | Digital Library | |
Persistent Link to This Record: | http://purl.flvc.org/fau/fd/FA00003693 | |
Use and Reproduction: | Copyright © is held by the author, with permission granted to Florida Atlantic University to digitize, archive and distribute this item for non-profit research and educational purposes. Any reuse of this item in excess of fair use or other copyright exemptions requires permission of the copyright holder. | |
Host Institution: | FAU |