Questions and Answers
1. What is jury nullification?
Juries are revered part of our American system of justice. Some have said that our jury system is not perfect, but it is the best system in the world. Sometimes, cases that involve highly controversial social issues such as abortion or civil rights can result in interesting outcomes. Jury nullification is when a jury acquits a defendant, despite believing the defendant is factually guilty, because they disagree with the law or its application. This can happen when jurors believe a law is unjust or morally wrong, or when they feel the penalty is too harsh.
Juries clearly have the power to nullify; whether they also have the right to nullify is another question. Once a jury returns a verdict of “Not Guilty,” that verdict cannot be questioned by any court and the “double jeopardy” clause of the Constitution prohibits a retrial on the same charge.
2. What is the “Supremacy Clause” and where is it found in the Constitution?
The Supremacy Clause, found in Article VI, Clause 2 of the U.S. Constitution, establishes that the Constitution, federal laws, and treaties are the supreme law of the land. This means that when state laws conflict with federal laws, the federal law takes precedence. Some legal scholars argue that this creates tension between the sovereignty of states versus the overreach of the federal government. This was, in a real sense, a factor that led to the Civil War.
Over the years, the clause has served as a rule for courts to follow when state and federal laws clash, favoring the federal law in such situations. Restoring power to the states to regulate certain areas garners popular support, but inevitably can lead to inconsistent application of the law.
3. What is meant by the term “double jeopardy” and when does it apply?
The term “double jeopardy” may for many invoke the famous crime thriller starring Ashley Judd and Tommy Lee. Judd’s character, Libby Parsons who was wrongfully convicted of murdering her husband ultimately finds evidence exonerating her of the crime.
In simple terms, the Double Jeopardy Clause in the Fifth Amendment to the U.S. Constitution prohibits anyone from being prosecuted twice for substantially the same crime. The relevant part of the Fifth Amendment states, “No person shall . . . be subject for the same offense to be twice put in jeopardy of life or limb. . .” In particular, a person who has been acquitted of a crime cannot be prosecuted and tried again for that same crime, even if the prosecution finds more evidence suggesting their guilt.
Larry L. Crain, Crain Law Group, PLLC – www.crainlaw.legal
