Want to save people who have abortions from going to prison? You can.
And yet, for those who do receive a trial, nullification can prevent the harms of conviction and sentencing. Outright acquittal–and the resultant double jeopardy bar against further prosecution–requires unanimity, but a single juror’s vote of “not guilty” is enough to deadlock the jury and trigger a mistrial. While prosecutors may re-try the case before a new jury, mistrials commonly lead them to make more lenient plea offers or even to dismiss cases entirely.
Unlike civil jury verdicts, which may be overturned, judicial rulings, which may be reversed, or even Supreme Court precedent, which—asitself demonstrates—may be overruled, a juror’s vote to acquit is ineffable. It’s the strongest veto power in the American legal system.transformed the constitutionally protected to the criminal, virtually overnight.
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