Eretnek esküdtszékek jury nullification az Egyesült Államokban /
This article intends to discuss the history, development and present situation of jury nullification in the United States, with a short detour into the history of nullificatory juries in England. Jury nullification occurs when the jury, disregarding the judge's instructions on the applicable la...
Elmentve itt :
| Szerző: | |
|---|---|
| Dokumentumtípus: | Cikk |
| Megjelent: |
2007
|
| Sorozat: | Acta Universitatis Szegediensis : acta juridica et politica : publicationes doctorandorum juridicorum
7 No. 1-15 |
| Kulcsszavak: | Esküdtszék - USA |
| Tárgyszavak: | |
| Online Access: | http://acta.bibl.u-szeged.hu/7585 |
| Tartalmi kivonat: | This article intends to discuss the history, development and present situation of jury nullification in the United States, with a short detour into the history of nullificatory juries in England. Jury nullification occurs when the jury, disregarding the judge's instructions on the applicable law, decides to acquit the defendant in a criminal trial despite clear and convincing .evidence of the defendant's guilt — thus the jury becomes the judge of both the facts and the law. Throughout its early history in the United States, jury nullification was viewed as a means of fighting against a foreign oppression. This was in conformity with the jury's affirmed role in criminal trials. From the 19th century, however, the courts started to view nullifications as a negative phenomenon and this has been affirmed in several Supreme Court decisions. It is undeniable that juries have the power to nullify, ,therefore the issue revolves around jury instructions, that is, whether the jury should be informed of this power. The opponents of nullification believe that nullificatory juries present a danger to the rule of law and are contrary to the theory of the separation of powers. Those in favor of nullification believe that nullificatory juries represent selfgovernment and they can provide an effective check against government oppression, acting as the „conscience of the community". At present juries have the power to nullify but they do not dispose of the moral right to do so. |
|---|---|
| Terjedelem/Fizikai jellemzők: | 245-268 |
| ISSN: | 0324-6523 |