Race Based Jury Nullification Essay

Jury override trick more often than not be termed as the act by a board who even though is convinced that a defendant is sinful of the charges he or she is accused of, decides to salute out or acquit him or her of the charges for the control panels make reasons (Brandy R. 2006). Jury override or for that matter can be defined as a subroutine whereby the dialog box(s) nullifies unfair virtues by declaring guilty defendants not guilty. On the other hand black market found jury override involves the process of a jury acquitting an single(a) establish on his or her lead.This kind of consequences is unremarkably found in homogenous cases where the diversity of the jury is nil or precise little. in the first place cases that include runaway slave laws as sound as the symbolize day cases like police shootings indicate that dry wash base nullification is still a modern day courtroom issue. The nullification process usually takes place in the event that a criminal stre ak decides not to convict a defendant in spite of respectable proof of guilt due to the belief and view by jurors that the law is unfair or at certain times that there is an un undecomposedly application of the said law.The grounding of the nullification can be said, thus, to be the dirtyness of the law, the application of the same law on the basis of race of a party. Additionally there atomic number 18 instances where cases that involve the terminally ill persons in the society are often given forgiveness by the jurors, when they do drugs due to their condition. The issue often is not just roughly nullification per se but at times is establish and as such has brought a lot o debate on its essence in view of the law as well as ethics.In this paper, I go out discuss the issue of race ground jury nullification, its limitations as well as its merits. Finally I will evaluate the relevance of race found jury nullification in our present day society. line of achievement based ju ry nullification feed based jury nullification involves the process of a jury wittingly acquitting a defendant based on his or her race and with the exuberant knowledge that the defendant is guilty. There are empirical studies, which shake up shown that about 3 to 4 percent of jury criminal trails have been machine-accessible to jury nullification.The dilemma that the situation presents is overwhelming, considering that there exists no chance to gibe the process of jury nullification as jurors and are never consistent or forced to convict defendants and also there is also no clause in law that makes it punishable for the juror to acquit someone. The lie principle function of the jury is that it should comp permite the law, if necessary through the cite of fundamentals of justification that traverses beyond the written laws of the land and not to empty the instructions given by the judge.The focal point of reference when the jurors give the not guilty verdict and in the proc ess is the issue of unjust nature of the law. Pros and cons Depending on which side of the debate you are on, this issue has both(prenominal) the ugly and the good side. There are various reasons why race based jury nullification has encountered criticisms even by its ardent supporters. One, the case can be used for majority cases, that is in instances where the jury consists mostly of persons from the same race can effectively acquit one of their own (defendant from the same race).For instance, a largely constituted black jury would reconcile a black American even tough she or he has committed a severe crime. Thus in view of the law, when a dangerous individual is acquitted on the basis of his or her race sets a bad precedence (Jemal, 1997). There are instances when white jurors have acquitted fellow whites through the process of jury nullification art object in the face of it the said defendants actually engaged in an illegality that all harmed black or brown populate in Ame rica.There are also instances when black jurors have freed fellow blacks on the basis of their races trance they committed either a racial act or a severe crime. This has not helped the just course of the due process, blacks, whites as well as other races have engaged in the race based jury nullification, something that does not portend well for rules of the law. The nature with which the voting is ordinarily through with(p) by the jurors is usually that of conscience, to an extent this is a total thoughtlessness if not abuse of the laws of this land.When someone who is supposedly guilty is acquitted, this is tantamount to nullification of the very law. They are supposed to protect and on whose basis the jury even came into existence. Jury nullification has the potential to turn an otherwise transparent and cohesive society or state into some hostile, incoherent or even lead to civil strife. This is because when serious acts are committed, and rulings are based on races, the re spective races may gang up against each other. It seems to be a defeat process in the face of the law that should be the guardian and protector of all.The most often conclusion drawn is usually that nullification is an integral part of major great power, which is essential for the checks and balances of the judicial system. Jury nullification has and will continue to play a dual role in the history of our country. There are certain instances in our history that jury nullification has proved to be a useful as well asl. For instance, in those cases that manifold slavery or differential prosecution at certain instances let racist to go unabated.There is the possibility that over use of this power together with other real or imagined risks that it possess would be coarse if everyone were to understand and be aware of it. However, the absence of it would put and vest too much power with the executive and surely everyone else understands the consequences of excessive unbalanced power exercised by the government versus the power of the common citizens. Conclusion Overall, the race based jury nullification has been, still is and would always be a very highly debatable topic, whether one supports it or he or she is against it.In each and every argument put forward by anyone in the society for or against jury nullification process, there are strong, reasonable opinions and facts in support of the various respective reasons that cannot just be wished away. Having evaluated the situation, and with a critical analysis of the basis of the law of our great country, I came to a conclusion that with due respect the good job the jurors have done so far, the race based jury nullification should not be conducted or at least cordoned by the jurors. This does not mean that I am in anyway opposing or rejecting the whole humor of jury nullification.However, if the element of race becomes apart of the whole equation, then I strongly call for its ban. In my opinion and understan ding of our history I opine jury nullification based on a defendants race does not promote unity within communities at any level. Considering the tremendous efforts our country has made towards a harmonious alliance and with the effort various personalities have put in educating and sensitizing people on how negative race based ideas has and can be. I believe the whole process is discriminatory and basically racial to the people in our society.This does not in any way mean that individuals should be humiliated of their races and promotes the values and ideals they stand for, but when a defendant is found guilty or innocent on the basis of the law by the jurors based on his or her race alone then there is a problem. Either the problem is with the law or our society but no(prenominal) of us wants either of these two scenarios. The basis for any jurors decision should be facts, information as well as secern that they receive throughout the trail. Jurors prejudices be it racial or otherwise should be left at their door steps before they get into the streets hand alone the courtrooms.ReferenceBrandy Rivera, 2006, Race based jury nullification. Associated Content Cato Books 1999 Jurors Should have intercourse Their Rights A historical look at jury independence Jemal, 1997, Race Based Jury Nullification A Path To Equality http//www. geocities. com/capital of Greece/olympus/1320/nullification. htm Scheflin, Alan W. , (1999) California Bar Journal, Point Counter Point Is it ever congruous for juries to ignore or reinterpret the law? , Retrieved September 28, 2007 from http//www. calbar. ca. gov/calbar/2cbj/99mar/page14-1. htm