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Criminal Law Conversations$
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Paul H. Robinson, Stephen Garvey, and Kimberly Kessler Ferzan

Print publication date: 2011

Print ISBN-13: 9780199861279

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:osobl/9780199861279.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 02 June 2020

Against Jury Nullification

Against Jury Nullification

Chapter:
(p.543) 25. Against Jury Nullification
Source:
Criminal Law Conversations
Author(s):

Andrew D. Leipold

Publisher:
Oxford University Press
DOI:10.1093/acprof:osobl/9780199861279.003.0025

This chapter presents an authoritative case against jury nullification. It begins with an overview of the scope and costs of jury nullification before turning to the the wisdom of nullification. It then proposes two alternatives to jury nullification: affirmative defense and use of error-correcting devices. The chapter includes comments by some of the nation's top legal scholars from the field of criminal law, tackling topics such as how jury nullification checks prosecutorial power, jury information and instruction, erroneous acquittals, and accuracy and legitimacy of adjudication of criminal cases.

Keywords:   jury nullification, affirmative defense, error-correcting devices, criminal law, prosecutorial power, erroneous acquittals, adjudication

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