Home      Login

Abstract: 

This is the second part of a two-part article examining the phenomenon of jury nullification. In Part I, “Jury Nullification, A Primer,” which appeared in 4 (1) SLR 1 (Dec./Jan. 2003), Dr. Koski explored the history of jurors’ use of the nullification option, the reasons why jurors choose to nullify the law at issue in the case before them, and judicial responses to such exercises. The article concluded with an examination of the case of United States v. Dougherty, in which the court ruled against specific notification to jurors of the availability of the nullification option, finding it “ health[y] as an occasional medicine” but “disastrous as a daily diet.” This installment will examine the use of nullification as a vehicle through which the members of the community can address perceived inequities in the operation of the legal system, particularly with respect to the working of the criminal justice system and crimes involving drugs.

Keywords: 

Affiliations:  .