61–62 of 62 posts
Earlier quoted context omitted.
Hence why jury nullification scares the ever loving crap out of the Justice system. Binding precedent is created by the Jury, which throws a wrench into the works that for some reason is seen less acceptable or "official" than a prosecutor exercising prosecutorial discretion.
Jury nullification does not create binding precedent.
Earlier quoted context omitted.
Jury nullification does not create binding precedent.
Care to elaborate?
All jury nullification is is a jury finding someone not guilty despite the fact that they think they did actually commit all the elements of the offense. It doesn't prevent the law from being applied in future trials, even in identical situations (nor do other jury verdicts). It's not even typically known whether or not the jury found not guilty because of nullification or because they didn't find the prosecutions case convincing.