• collapse_already@lemmy.ml
    link
    fedilink
    English
    arrow-up
    0
    ·
    18 days ago

    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.

    • explodicle@sh.itjust.works
      link
      fedilink
      English
      arrow-up
      0
      ·
      18 days ago

      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.