Jury Nullification: The Evolution of a Doctrine [Paperback]

Clay Conrad (Author), Clay S. Conrad (Author)

Book Description

ISBN-10: 0890897026 | ISBN-13: 978-0890897027 | Publication Date: 1999

Juries have been delivering independent verdicts in the interest of justice for over 800 years, and many legal historians and scholars believe the value of juries is their power to act as the "conscience of the community," serving as the final check and balance on government in the moment of truth. If juries are nothing more than rubber stamps, they are no limit on government's power to pass unjust, immoral, or oppressive laws, and citizens are entirely at the mercy of sometimes jaded or corrupt courts and legislatures. This was what the Founding Fathers feared, and this is the reason why they guaranteed trial by jury three times in the Constitution -- more than any other right.

In Jury Nullification, author Clay Conrad examines the history, the law, and the practical and political implications of jury independence, examining in depth the role of nullification in capital punishment law, the dark side of jury nullification in Southern lynching and civil rights cases, and the purpose and legal effect of the juror's oath. The book concludes with an examination of what trial lawyers can do when nullification is the best available defense. This book should be of interest to historians, trial lawyers, criminologists, political scientists, and anyone interested in knowing how our criminal justice system works -- and how to make it better.

Editorial Reviews

Review

"Conrad provides...a comprehensive overview of jury nullification in historical, substantive, policy, and practical terms." -- The Federal Lawyer, Vol. 47, No. 4, 2000

Product Details

• Paperback: 303 pages
• Publisher: Carolina Academic Pr (1999)
• Language: English
• ISBN-10: 0890897026
• ISBN-13: 978-0890897027
• Product Dimensions: 8.7 x 5.7 x 0.8 inches
• Shipping Weight: 1.2 pounds (View shipping rates and policies)
• Average Customer Review: 4.9 out of 5 stars  See all reviews (8 customer reviews)
• Amazon Best Sellers Rank: #966,112 in Books (See Top 100 in Books)
  • #29 in Books > Law > Procedures & Litigation > Jury

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Customer Reviews

Most Helpful Customer Reviews

18 of 18 people found the following review helpful:

4.0 out of 5 stars excellent review of a "top secret" constitutional right, March 10, 1999

By 

Ross Nordeen (Orlando, FL USA) - See all my reviews
(VINE VOICE)    (REAL NAME)   

This review is from: Jury Nullification: The Evolution of a Doctrine (Paperback)

Many have heard how juries bravely refused to convict people accused of assisting runaway slaves in the 19th century but few know the full history of jury nullification. Clay Conrad aims to remedy that ignorance in this excellent book from the Cato Institute. Starting with cases from hundreds of years ago, the history of jury powers is meticulously detailed with all the major episodes covered including recent events such as the Laura Kriho conviction. Jury independence is shown time and again to have been on the right side of issues such as slavery, prohibition, the labor movement and draft resistance. The modern jury power movement is also examined.

This isn't just a history book, though. The author looks at constitutional issues, studies of jury behavior, and also addresses many of the criticisms of jury power. The most widely repeated criticism is that jury nullification was largely responsible for the lack of convictions in the South of whites committing crimes against blacks. Conrad makes a strong case that it was racist judges, police and prosecutors as well as the practice of preventing blacks from serving on juries that resulted in so few convictions.

The book is rounded out with a chapter full of interesting tactics on how lawyers can introduce nullification arguments in court.

17 of 17 people found the following review helpful:

5.0 out of 5 stars You must read this book!!, June 3, 2002

By A Customer

This review is from: Jury Nullification: The Evolution of a Doctrine (Paperback)

Just before a jury retires to deliberate in a criminal case, the judge tells the jurors that they "must follow the law--even if they do not agree with it." This book shows that such an instruction is very misleading. A ton of evidence is presented to show that juries are supposed to "check" the government by returning "not guilty" verdicts whenever they conclude that the person on trial is being treated unjustly. Our second president, John Adams, said "it is not only the juror's right, but his duty, to find the verdict according to his own best understanding, judgment, and conscience, even though in direct opposition to the direction of the judge."

These days judges influence the outcome of trials by counting on the average citizen's ignorance and by "excusing" any citizen who knows about the doctrine of jury nullification. Interestingly, a single vote can make a big difference. Because a unanimous vote is necessary for a conviction, a single juror who votes his or her conscience (and withstands the peer pressure to go along with the others) can obtain a hung jury. The person on trial may be retried again, but prosecutors will surely think twice about the matter before expending more time and money on the case.

The author explains how jury nullification got a bad wrap and convincingly answers the common objections. I was surprised to learn that defense attorneys can be punished for mentioning seemingly important pieces of information at trial. For example, if someone used marijuana to relieve nausea stemming from AIDS, the judge typically "bars" any mention of the person's illness as "irrelevent." The jury never hears about it. That does not sound like a "trial by jury" to me

21 of 22 people found the following review helpful:

5.0 out of 5 stars A Most Excellent Book, March 14, 1999

By A Customer

This review is from: Jury Nullification: The Evolution of a Doctrine (Paperback)

Conrad's book is superb! He examines the history of the right of "jury nullification" or "jury independence" (the right and obligation of jurors to judge the LAW, as well as the FACTS in any case). Like most people, I knew relatively little about this right, which today is usually never mentioned to actual sitting jurors. Conrad traces the history of the use of this right, which was well known and legally recognized until very recently by the courts. Part of English common law, it was used extensively from the 1200's until the 1930's. From "seditious libel against the crown", to the slavery issue, to Prohibition, Jury Nullification was used to acquit defendants whenever the jury felt that the specific law was unjust or the penalty was grossly unfair. Thus, jurors had the right and obligation to judge the LAW and the case FACTS in order to render justice - regardless of any instructions from the presiding judge and the courts. This is a remarkable book, easy to read and filled with interesting facts that every American should know. I recommend it highly.