Nullification And Formalism Through The Court Room And The Jury Room, By Paul Butler

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Nullification is in effect a power of jury, not a right. This refers characteristically in the doctrine of the “Rule of Law which shows equality, predictability, and certainty. The jury is not a mini-democracy, or a mini-legislature, they are not to go back and down right as they see fit; that is anarchy and they are supposed to follow the law (Butler, 1996). This paper will articulate on jury nullification and formalism through the rule of law that emphasizes the importance of understanding law as a ‘neutral, predictable, and stable system of social order that guarantees the equal treatment of all citizens. Therefore, this paper argues that the jury nullification should continue to be recognized part of the Canadian justice system, which is shown the Justice Fraser’s judgement in the Krieger appeal, the case of Leroy Reed from “Inside the Jury Room”, and Paul Butler’s article on “Racially based jury Nullification.
Nullification is a condescending act of the jury that is divisive towards morally charged issues, such as abortion, euthanasia, medical drugs, etc. Therefore, this means that when the law is clear, the morality of the law is not (Professor Tasson, Juries, week 20). This has happened in the Dudley and Stephens case. The case consists of two defendants and a cabin boy, who had been stranded in the middle of the ocean. They had been surviving without food and water for days. Out of choice, the defendants decided to kill and eat the cabin boy who they…

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