When the Parties Call for Jury Nullification: a comparative analysis

Crosby, K

When the Parties Call for Jury Nullification: a comparative analysis

Lookup NU author(s): Dr Kay Crosby ORCiD

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Abstract

There has, for centuries, been an interest in various jurisdictions concerning the phenomenon that is variously described as jury nullification, perverse verdicts, and so on. Essentially, of jurors not applying the law as it is set out to them by the trial judge. More recently, the phenomenon of the unrepresented defendant, and of decisions such as Dobbs undermining longstanding constitutional protections, has raised the question of whether an appeal to nullification might form a legitimate legal tactic in a trial. This chapter offers the first comparative discussion of the doctrine on the parties themselves requesting nullification from their juries.