A piece written by Glenn Harlan Reynolds, the Beauchamp Broan Distinguished Professor of Law, is featured today in The Washington Post as part of the newspaper’s weeklong discussion of jury nullification.
Jury nullification, Reynolds writes, is “where a jury thinks that the evidence supports conviction but then decides to issue a ‘not guilty’ verdict because it feels that a conviction would be unjust.” This practice is rarely seen, however, primarily because most juries are never informed that this option is available, Reynolds says. New Hampshire has new legislation requiring juries be informed of this option, but Reynolds says it’s not enough.
“Juries should be empowered to punish the prosecution when they feel the prosecution is abusive or malicious,” he writes.