If I was the defense attorney, I think this would be the test case for instructing the jury on jury nullification (which will get you sanctioned at a minimum and probably disbarred if you’re the attorney that tries it). I think defendants ought to be entitled to instruct the jury about the possibility. I personally would never disclose that I believe in it during voir dire and also would never vote to convict on some crimes.
Historically it’s been used to forgive lynchings, so I’d be concerned that allowing jury instruction on it would cause more harm than good in this political climate.
Jury nullification exists for this very reason.
Did the shooter do something illegal? Yes
But was it wrong? If I was on his jury, I’d acquit.
If I was the defense attorney, I think this would be the test case for instructing the jury on jury nullification (which will get you sanctioned at a minimum and probably disbarred if you’re the attorney that tries it). I think defendants ought to be entitled to instruct the jury about the possibility. I personally would never disclose that I believe in it during voir dire and also would never vote to convict on some crimes.
Historically it’s been used to forgive lynchings, so I’d be concerned that allowing jury instruction on it would cause more harm than good in this political climate.
Do you guys still do lynchings?