When Jurors Take a Stand: A Look at Jury Nullification and Morality
Open Access
Author:
Lemin, Jared William Bursey
Area of Honors:
Philosophy
Degree:
Bachelor of Arts
Document Type:
Thesis
Thesis Supervisors:
John Philip Christman, Thesis Supervisor Vincent M Colapietro, Faculty Reader John Philip Christman, Thesis Supervisor John Philip Christman, Thesis Honors Advisor
Keywords:
Jury Nullification Morality Civil Disobedience
Abstract:
For years the court has struggled with the concept of jury nullification. Should juries be allowed to nullify? How can jury nullification be controlled? Should juries be instructed of their power to nullify? All of these questions require history and knowledge to answer. The first goal of this paper is to look at jury nullification from the perspective of the courts to determine the best way to handle and control its implementation.
The second goal, then, will be to apply the ideals of jury nullification to the role of a juror to analyze the morality behind the decision. When is it right to nullify? When is the decision to nullify in violation of the role of a juror? To answer these questions, jury nullification will be compared to civil disobedience demonstrations since nullification requires jurors to disregard the instructions they are given by the court. The understanding gained from this analysis will help to construct an ideal vision of how the perfect juror would act and how nullification could fit perfectly within the court system. The question is, then, are the courts doing the right things to achieve this ideal scenario?
