Jury Nullification Used to Convict?

[Trip]

[state: WA]

Jury Nullification (or Jury Independence) is usually used to acquit (or hang a jury).

Can/should/has it also be used to convict?

What if a juror believes that it would be unjust to allow the defendant to go free, despite the evidence presented in court? Would it be that juror's ethical and/or legal duty to vote for conviction, no matter what?

 

[gawm]

No they can not. Juries have to go by their beliefs based on the evidence presented at trial. If the judge gets wind that a jury did this he would most likely throw out the conviction.

 

[Trip]

Juries have to go by their beliefs based on the evidence presented at trial

This statement seems to argue against "normal" jury nullification as well.

My question presupposes the acceptance of "normal" jury nullification as an ethical and/or legal right (and duty).

 

[gawm]

Jury nullification is not a valid defense. Defense attorneys can't suggest it and juries are instructed to follow the law and they are not suppose to do it. IF it ever does happen it is extremely rare. It is not ethical or right because it is against the rules. What part of that don't you understand?

Judges can't overturn an acquittal but they can overturn convictions.

 

[Trip]

See http://en.wikipedia.org/wiki/Jury_nullification

I'm not discussing jury nullification as a "defense" but rather as a right/responsibility of the juror who does not agree with the law.

 

[CdwJava]

If you believe that one has a right to turn the legal system on its ear and disregard the law and evidence, then nullification is fine and dandy. The rest of us prefer to believe in doing the right thing under the law and within the system.

- Carl

 

[gawm]

See http://en.wikipedia.org/wiki/Jury_nullification

I'm not discussing jury nullification as a "defense" but rather as a right/responsibility of the juror who does not agree with the law.

Think of it this way, lets say one of your family members gets raped or brutally killed. Would you want someone on that jury who believes like you?