The jury will be told that they have to find according to the letter of the law, and they’ll almost certainly be screened by the prosecution during jury selection to avoid people who know nullification is a thing.
It’s certainly possible that it could occur regardless, but they’ll do everything they can to avoid it.
True, but if the prosecution seeks the death penalty (which is likely), any jurors that say they’d have difficulty condemning someone to death will be automatically disqualified with no strikes used.
Since people who don’t have any problems with the death penalty is MUCH more likely to have a clear bias in favor of the prosecution and the cops are good at spotting people lying in order to get on (or off) a jury, making it a death penalty case all but eliminates any chance of a fair trial.
But a strike can’t bring back in someone who has been eliminated. You can use your strikes to whittle away people who have a property likely to be bad for you, but you can’t use it to include people with a quality that would be good for you.
The jury will be told that they have to find according to the letter of the law, and they’ll almost certainly be screened by the prosecution during jury selection to avoid people who know nullification is a thing.
It’s certainly possible that it could occur regardless, but they’ll do everything they can to avoid it.
Prosecutor: Potential Juror #5. Are you aware of the concept of Jury Nullification?
Juror: I am now.
How do you screen for jury nullification without informing everyone as to what jury nullification is?
Defense has as many strikes as prosecutor…
True, but if the prosecution seeks the death penalty (which is likely), any jurors that say they’d have difficulty condemning someone to death will be automatically disqualified with no strikes used.
Since people who don’t have any problems with the death penalty is MUCH more likely to have a clear bias in favor of the prosecution and the cops are good at spotting people lying in order to get on (or off) a jury, making it a death penalty case all but eliminates any chance of a fair trial.
But a strike can’t bring back in someone who has been eliminated. You can use your strikes to whittle away people who have a property likely to be bad for you, but you can’t use it to include people with a quality that would be good for you.