Jury Nullification: The Evolution of a Doctrine

by Clay S. Conrad

Overview

The Founding Fathers guaranteed trial by jury three times in the Constitution—more than any other right—since juries can serve as the final check on government’s power to enforce unjust, immoral, or oppressive laws. But in America today, how independent can a jury be? How much power does a jury have to not only judge a defendant’s actions, but the merits of the law? What happens when jurors decide in criminal trials not to enforce the law or not to convict a defendant if they conclude it would be unjust? This classic book, originally published 15 years ago and now brought back into wide national view by the Cato Institute, answers these questions by taking readers through a history of jury independence and exploring the range of powers a jury can undertake in ensuring justice and fairness in our cherished legal system.

Product Details

ISBN-13:	9781939709011
Publisher:	Cato Institute
Publication date:	12/05/2013
Sold by:	Barnes & Noble
Format:	eBook
Pages:	337
File size:	535 KB

About the Author

Clay S. Conrad is an attorney and author in private practice in Houston, Texas.

Table of Contents

Table of Cases ix

Preface xvii

Chapter 1 Introduction 3

What Jury Independence Is All About 7

Chapter 2 The Origins of the Doctrine 13

Pre-Revolutionary History 13

Bushell's Case: Recognition for Jury Independence 24

Fox's Libel Act: British Juries Change the Law 28

Chapter 3 Revolutionary Times 45

Georgia v. Brailsford: A Unanimous Supreme Court Instruction 45

The Fries Case and the Chase Impeachment Trial 53

Jury Independence in the State Courts 60

Chapter 4 The Development of the Modern View 65

Resolving Tensions Between Judge and Jury 65

The Unconstitutionality of Slavery: Spooner's Influence on Jury Independence 75

State Legislative, Judicial, and Constitutional Developments 88

Sparf et al: The Supreme Court Rejects Jury Independence 99

Vices, Crimes, and the National Prohibition Act 108

Chapter 5 The Modern Era 117

State Legislative, Judicial, and Constitutional Developments Revisited 117

The Vietnam War Cases: A Preference for Sua Sponte Nullification 124

Chapter 6 The Current Debate 143

Why Juries Still Refuse to Convict 143

Political Developments and Renewed interest in Independent Juries 154

Model Fully Informed Jury Act Legislation 165

Chapter 7 Scapegoating the Jury 167

The Bigoted Jury: Acquittals in Lynchings and Civil Rights Murder Cases 167

The Lynching Cases 171

The Civil Rights Murders 181

Can Racist Nullification Be Discouraged or Controlled? 186

The Impartial Jury: Black Victims, Black Defendants, and Black Jurors 190

Inside the Jury Room: Can Jurors Act Responsibly When Race Is an Issue? 198

Chapter 8 The Capital Jury 205

Early Juror Discretion in Capital Cases 205

Furman and Its Progeny: Resolving the Disparities in Capital Sentencing 212

The Death-Qualified Jury 222

Penry and the Requirement of Individualized Sentencing 230

Chapter 9 The Obligations of Jury Duty 239

Understanding the Juror's Oath 239

The Juror's Oath in Early American History 243

What's a Juror To Do? 246

The Context of the Juror's Oath 256

Other Obligations Jurors Face 261

Chapter 10 The Lawyer's Challenge 267

Empowering the Jury 267

Theories and Themes of the Nullification Case 271

Voir Dire 274

Opening Statement 279

Presentation of Evidence 282

Closing Argument 285

Reconstruction of Closing Arguments in the Rodger Sless Trial 289

Chapter 11 Summary 297

The Role of the Jury: A Political Question 297

Index 305

What People are Saying About This

Randy E. Barnett

This book is meticulously researched and balanced. The enjoyment of reading it stems from Conrad's analysis and the fascinating and important nature of his subject. -- Professor of Law, Boston University