Jury Nullification Essay

Improved Essays
First practiced in the United States in 1622 in the colony of Virginia, by the 1800s, capital punishment became the automatic penalty for any criminal convicted of murder or other capital crimes. With the law providing that no jury, once having recognized a criminal as guilty of a capital offense, could legally avoid the death penalty, by this time in the United States, capital punishment was not only widely accepted, but required. As a result of these conditions, if a jury collectively found a person guilty of a capital crime, but did not believe that the death penalty was an appropriate punishment, they would pursue jury nullification, in which the guilty criminal is claimed innocent in order to avoid execution. However, this devious method …show more content…
As mentioned by the Death Penalty Information Center, these numbers are not necessarily inclusive of every case that fits within these categories. Thus, the very argument that these rates are considered negligible dark figures is the support behind the counterargument that the death penalty executes innocent people; the sheer possibility of innocent deaths is sufficient evidence of the system’s faultiness. Not only are there actual known cases that suggest that the system was faulty in its accusations, but the fact that a rate of innocent executions even exists is enough incentive for protest against the system. Therefore, because the success rate of capital punishment is not one hundred percent, it is logical to argue that capital punishment should be abolished to completely eliminate the possibility of false execution; yet, even with alternative methods of punishment, supporters of the death penalty insist that it is the only appropriate punishment.
In addition to the argument that the death penalty’s rate of false conviction and of false execution are negligible, supporters of capital punishment argue that the system is ethnically just, suggesting that capital punishment does not discriminate based on race, gender, or ethnicity. However, contradictory to this claim, those who oppose capital punishment suggest that the system does in fact discriminate against minorities, particularly the mentally

Related Documents

  • Improved Essays

    Occupy Denver Eric Brandt is a white male in his late forties. He is 5’8” and 200 pounds, dressed in black shorts and a yellow shirt, with black font on it that reads “Fuck Bad Cops.” He is single and homeless. Eric is a former U.S Navy nuclear engineer. He has been to many countries and speaks four languages.…

    • 1132 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The article, Racially Based Jury Nullification: Black Power in the Criminal Justice System is written by Paul Butler and in his essay he writes about four major topics describing the racial influence in jury decisions. He also writes about the ways in which we can prevent theses racial based jury decisions. In my essay, I will be summarizing Butler’s article and analysing the way he approaches the criminal cases against African-Americans. Furthermore, I will describe my opinion of the way he supports him claim, speak about his arguments and compose a counter argument that can be used to critique his main argument. Paul Butler is an African-American man and former federal prosecutor.…

    • 753 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    The death penalty was commonly sentenced for crimes such as murder, rape, kidnapping and treason -- but committing crimes like “stealing turnips and being found disguised in a forest, were [also] punishable by death” (Gendreau, 2006). Capital punishment was first enforced in Canada in 1794, when a man named Peter Cartel murdered another man. From that point on, Canada…

    • 1716 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    In the essay Race, Capital Punishment, and the Cost of Murder by M. Cholbi, the author examines the issue of racial discrimination in capital punishment among African Americans; also, how African Americans murderers are more likely to receive the death penalty over white murderers. The Author believes capital punishment and the death penalty are just punishments for the actions of perpetrators, however the author believes the unequal distribution of capital punishment is not a just action (Cholbi 1). The argument of whether capital punishment is immoral has shifted to if its distribution among criminals is tolerable and just (Cholbi 1). Cholbi states,”I believe that the issue of racial disparities in capital sentencing deserves to be reinvigorated…

    • 910 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    The key topic that is under debate throughout this paper is jury nullification and how its procedures work within the justice system, as well as some of its strengths and weaknesses. There is quite a bit of controversy surrounding jury nullification being used as a primary rectification in the justice system as it tends to make equal outcomes become unequal outcomes. Jury nullification is a process in which a jury reaches a verdict of not guilty despite the fact that the defendant is actually guilty of the actions he or she is being charged for. The jury nullifies a law that is believed to be immorally wrong or wrongfully applied to the defendant.…

    • 2583 Words
    • 11 Pages
    Superior Essays
  • Great Essays

    Whilst some think that the death penalty is a fair sanction, it is an inequitable penance because many convicts on death row suffered from prejudiced trials, were mentally-ill, or were wrongfully accused. There have been hundreds of unjustified deaths from the death penalty. In conclusion, the death sentence is an unnecessary form of punishment that advocates the obliteration of human life. There is no proof whatsoever that the death penalty serves as a deterrent to…

    • 1178 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    The founding fathers of the United States feared the development of an oppressive government. To counter this, the founding fathers developed a system of checks and balances that directly includes the people. The right to a jury trial has a central role in the American justice system that prevents unlawful acts from being continued. Thus, juries have a political significance outside the judicial branch. The jury system acts as a check on government power preventing government officials from making laws that are morally wrong.…

    • 871 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    To date 32 states in America have capital punishment, and 18 states don’t. For many years concerns about the death penalty have come up, and many authors argue whether America should or should not have capital punishment. Capital punishment began in America when Britain influenced America’s use of the death penalty. The European settlers came to America and brought the practice of capital punishment. When the laws of capital punishment first came to America it was used for almost all crimes, even minor crimes such as stealing grapes.…

    • 784 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Jury Nullification To condemn a person for an act that he or she did that broke the law is hard to decide. The jury is there to assist so the decision of the case does not depend solely on the judge. A jury consists of usually twelve people. They are there to come up with a verdict based on the evidence presented to them at court.…

    • 1779 Words
    • 8 Pages
    Improved Essays
  • Improved Essays

    Jury Nullification Essay

    • 598 Words
    • 3 Pages

    The topic of jury nullification has long incited debate, with strong opinions on both sides. Paul Butler a former Special Assistant United States Attorney in the District of Columbia, claims jury nullification is necessary in order to fight laws that are racially unjust and argues that African-American jurors should exercise their right of nullification and it is their moral responsibility to emancipate some guilty black outlaws (Butler, 1995, p. 679). Jury nullification, occurs when jurors deliberately vote to acquit a defendant, regardless of evidence presented to establish the defendant’s guilt (Spohn, 2009, p. 68). It is a mechanism employed by prosecutors to encourage jurors to disregard the law and evidence and acquit defendants (Horowitz,…

    • 598 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Jury Nullification Case

    • 1133 Words
    • 5 Pages

    The two landmark Supreme Court decisions related to race and the death penalty are Lockett v Ohio and Kennedy v Louisiana. In Lockett v Ohio: 21 years old Sandra Lockett, was the getaway driver for a robbery in which resulted in the murder of a pawnshop owner. She was convicted under the statue of Ohio and was found guilty because she initiated the robbery. An Ohio law required that individuals found guilty of aggravated murder be given the death penalty (LOCKETT v OHIO, 2015). She was sentenced to death in April of 1975.…

    • 1133 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Essay On Jury Defense

    • 441 Words
    • 2 Pages

    “May it please the court, your honor, opposing council, members of the jury - an impossible burden means an impossible conviction,” Sophomore Lora Randa said to a crowd of people gathered in a courtroom in Eau Claire on Feb. 11. Tension and competition filled the room as she continued to tell the story of an innocent girl being accused of first degree reckless homicide. Randa is a dedicated member of the school’s Mock Trial team and is the attorney that closes the case for the defence.…

    • 441 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Jury Nullification

    • 1033 Words
    • 4 Pages

    There are many controversial issues in the United States criminal justice system. In recent years, the contentious issue of ethnic discrimination has been in the forefront of several trials. There are some individuals who believe that jury nullification should be used by minorities on juries to acquit defendants of color. Jury nullification is defined as a process where a jury acquits a defendant, even though the members of the jury believe the defendant is guilty of the charges. The concept is that the system is biased toward the ethnic majority and nullification can be used to balance the system for minorities.…

    • 1033 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Nicole Barak PHI 115 003 John Garcia August 26th, 2017 A recent episode of Radiolab, titled “Null And Void,” discussed the issue on jury nullification. As the podcast progresses, it explained that jury nullification is when a defendant is in clear guilt of breaking the law, but the jury feels the defendant is not guilty and the law is unjust. Throughout the episode, a variety of emotions were displayed on whether jury nullification is beneficial or dangerous to our court system. Some may defend it and state people have to be the “conscious of the community” and do what is right, while others may argue it does not matter the situation, if evidence shows the defendant is guilty then there is no reason to ignore the law.…

    • 1040 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    Jury is a group of 12 citizens selected randomly from an electronic register and make a verdict in a trial. The use of jury services in the UK legal system is always being challenged. Two articles with opposite point of view will be evaluated in this review. Since the focus of it is to evaluate the two articles, the jury system will not be examined in detail. The two articles are “The lamp that shows that freedom lives-is it worth the candle?” written by Penny Darbyshire (1991) and “A defence of jury nullification” by Thom Brooks (2004).…

    • 1163 Words
    • 5 Pages
    Superior Essays