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Jury Nullification as a Cure for Prosecutorial Overreach
Loaded on March 18, 2020
by Anthony Accurso
published in Criminal Legal News
April, 2020, page 44
Filed under:
Prosecutors.
Location:
United States of America.
by Anthony Accurso
An article published by ProsecutorialAccountability.com seeks to educate the public about the history of jury nullification and how reversing statutes and case law that prevent juries from knowing a defendant’s possible sentence could help curb prosecutorial overreach.
Jury nullification is the term applied when a jury ...
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More from this issue:
- News in Brief
- Cops Killed Nearly 13 Times More People Than Mass Shooters, by Bill Barton
- U.S. District Judge Blows Open ATF Fake Stash-House Stings, Wants to Know Why They Only Target Minorities, by Dale Chappell
- New Jersey Tightens Reins on Civil Asset Forfeiture, by Douglas Ankney
- Nevada Supreme Court: 26-Month Delay Between Charges and Arrest Constitutes Speedy Trial Violation, by Anthony Accurso
- New York to Seal Convictions for Small Amounts of Marijuana
- Warrant Gives Police Access to DNA Database, by Jayson Hawkins
- Rhode Island Supreme Court Reverses Conviction Due to Prosecutor’s Remarks and Jury Consideration of Inadmissible Evidence, by Douglas Ankney
- Colorado Supreme Court Announces Implied Bias the Same as Actual Juror Bias, Requiring Automatic Reversal, by Anthony Accurso
- Racial Disparity at Sentencing on the Rise, by Anthony Accurso
- NYC Drug Prosecutor Bucks Trend of Releasing List of Cops with Credibility Issues, by Douglas Ankney
- Louisiana Supreme Court: State Abused Charging Authority by Dismissing and Reinstituting Charges to Circumvent Adverse Court Ruling, by Anthony Accurso
- Jury Nullification as a Cure for Prosecutorial Overreach, by Anthony Accurso
- New Lie Detectors Are On the Way, But Are They Better Than the Old One?, by Anthony Accurso
- California Supreme Court: Positioning Computer Monitor to Obstruct Defendant’s View of Complaining Witness Violates Confrontation Clause, by Douglas Ankney
- Ohio Supreme Court: Ineffective Assistance of Counsel Analysis Applies to Failure to Seek Waiver of Court Costs, by David M. Reutter
- Massachusetts Supreme Judicial Court: Police Must Inform Arrested Driver That Passenger Can Assume Custody of Vehicle if Lawful and Practical as Alternative to Impoundment, by Douglas Ankney
- California Court of Appeal: Hunch That Proves Correct Is Not Reasonable Suspicion for Traffic Stop, by Douglas Ankney
- Sex Offenders Go to W.A.R., by Edward Lyon
- New Orleans Sheriff’s Office Tracked Cellphones Absent Warrants, by Chad Marks
- Nevada Supreme Court: Duress Defense May be Used for Non-Death Penalty Charges, Even When Connected to Charges Punishable by Death, by Dale Chappell
- Reform-Minded Prosecutors Use Charging Discretion to Benefit Communities, by Anthony Accurso
- Kansas Supreme Court: Claim of Illegal Sentence Raised for First Time on Appeal Entitled to Merits Review, by Michael Berk
- Pennsylvania Supreme Court Holds Retention of Defendant’s ID Card Constitutes ‘Seizure’ for Fourth Amendment Purposes, by Dale Chappell
- Sex Offender Registries Grounded in False Notions, by Anthony Accurso
- Third Circuit Holds ‘Bare’ Arrest Record Insufficient to Support Higher Sentence, by Dale Chappell
- Fact or Fiction, Television Crime Shows Ignore Racism and Reality, by Michael Fortino, Ph.D
- The Faulty Science of Breathalyzers, by Jayson Hawkins
- Sixth Circuit: Ohio’s Stringent Post-Conviction Filing Deadline Opens Window for Federal Review Under Trevino, by Anthony Accurso
- Maryland Court of Appeals Announces, When Requested, Trial Courts Must Ask During Voir Dire Whether Jurors Will Follow Court’s Instructions on Presumption of Innocence, Burden of Proof, and Right Not to Testify, by Douglas Ankney
- Louisiana Supreme Court: When an Identified Attorney Seeks to Assist a Person in Custody and Police Fail to Inform the Person, Inculpatory Statements Must Be Suppressed, by Douglas Ankney
- D.C. Circuit: 18 U.S.C. § 1114 Does Not Apply Overseas But § 924(c) Does, by Douglas Ankney
- Third Circuit: Confrontation Clause Violated When Jury Is Told ‘Other Guy’ Referenced in Non-Testifying Codefendant’s Statement Is the Defendant, by Douglas Ankney
- Georgia Supreme Court Overrules 50 Years of Jurisprudence and Announces Courts Are to Consider Cumulative Prejudice of Trial Court and Counsel Errors, by Douglas Ankney
- Ninth Circuit Orders Habeas Relief After California Concedes Conviction Should Be Overturned Due to Defense Counsel’s ‘Virulent Racism’, by Douglas Ankney
- Michigan Supreme Court: Defendant Entitled to Self-defense Jury Instruction, by David M. Reutter
- Seventh Circuit Holds Brain Injury May Allow Equitable Tolling to File Late Habeas Petition, by Dale Chappell
- Life Sentence for Murder Overturned by New DNA Technology, by Michael Fortino, Ph.D
- Expert’s Burn-Pattern Conclusions Flawed, by David M. Reutter
- New York’s SARA Requirements Force Sex-Offenders into Homelessness Then Hold Them in Prison Due to Their Homelessness, by Kevin Bliss
- Law Review Article Zeros in on Roadblocks to Plea Bargain Fairness and Effectiveness, by David M. Reutter
- Kansas Supreme Court: State Failed to Prove Building Was a Dwelling, by Douglas Ankney
- Maine Supreme Court Declares Blood Draw Statute Unconstitutional, Overruling Cormier, by Douglas Ankney
- Utah District Court Finds First Step Act Gives Court Authority to Reduce Stacked 55-Year § 924(c) Sentence, by Chad Marks
- Seventh Circuit Vacates Guilty Pleas Based on Misinformation of Mandatory Minimum, by David M. Reutter
- More Trainings Are Not the Answer to Police Violence Against Disabled People, by Euree Kim
- Sixth Circuit Adopts ‘Naked Eye Test’ for Altered Firearm Serial Number Enhancement, by Dale Chappell
- Connecticut Supreme Court Clarifies Standard of Review for Confrontation Clause Claims; Reverses and Remands for a New Trial, by Douglas Ankney
- Spirited (But Problematic?) Advocacy for Bernie Madoff to Receive Compassionate Relief, by Professor Douglas A. Berman
- Iowa Supreme Court: Officer’s Delay of Traffic Stop to Investigate Other Matters Unconstitutional, by David M. Reutter
- The Rise of Smart Camera Networks, and Why We Should Ban Them, by Michael Kwet
More from Anthony Accurso:
- Ninth Circuit: No Exception to Due Diligence in Discovery Even for “Conclusive Evidence”, May 1, 2025
- Massachusetts Supreme Judicial Court: Defense Counsel Had Actual Conflict of Interest Where Own Performance During Police Interview of Defendant Could Serve as Basis of Motion to Suppress Based on Ineffective Assistance of Counsel, New Trial Required W, March 15, 2025
- Fourth Circuit Reverses Denial of Counsel for “Low IQ” North Carolina Prisoner, March 1, 2025
- Eighth Circuit Affirms Denial of Qualified Immunity to Arkansas Jailers Who Ignored Detainee’s Spider Bite, March 1, 2025
- New Mexico Settles Suit Alleging Failure To Implement Expanded Voting For Felons, March 1, 2025
- D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination, Feb. 15, 2025
- $220,000 Settlement After Woman Dies in Ohio Jail From Drug Withdrawal, Feb. 15, 2025
- Colorado Supreme Court Holds Defendant Was in ‘Custody’ for Miranda Purposes Because She Had Hands Bagged and Zip Tied, Commanded Not to Remove Them, and Questioned Alone in Interrogation Room With Door Closed, Feb. 15, 2025
- First Circuit Holds No Emergency-Aid Exception to Warrant Requirement Where Police Have Information That Subject Is Already Deceased, Feb. 15, 2025
- Police Departments Are Now Using AI to Write Reports, Feb. 15, 2025
More from these topics:
- Hawai’i Supreme Court Reverses Murder Conviction for Prosecutorial Misconduct Based on Prosecution’s Improper Statements During Closing Arguments, Feb. 15, 2025. Prosecutors, Wrongful Conviction, Prior Convictions - Expungement or Reversal of, Improper Comment.
- Reform-Minded Prosecutors Face Backlash for Prosecuting Bad Cops, June 15, 2024. Police Misconduct, Government Misconduct, Prosecutor/Attorney General Misconduct, Prosecutors, Police/Govt Misconduct, Criticism of Government.
- Natural Language Processing Software Can Identify Biased Jury Selection, Has Potential to Be Used in Real Time During Voir Dire, Dec. 15, 2023. Racial Discrimination, Commentary/Reviews, Prosecutors, Batson Claims.
- Hawaii Lawmakers Propose Transparency from Prosecutors, April 15, 2020. Racial Discrimination, Prosecutors, Plea Bargaining.
- NYC Drug Prosecutor Bucks Trend of Releasing List of Cops with Credibility Issues, March 18, 2020. Police Misconduct, Prosecutors, Police.
- Reform-Minded Prosecutors Use Charging Discretion to Benefit Communities, March 18, 2020. Criminal justice system reform, Prosecutors.
- DA’s Office Files Bar Complaint on Its Own Former Prosecutor, Feb. 19, 2020. Prosecutors, District Attorneys.
- Critics Claim Thin Blue Line Protects Cops and Prosecutors in Orange County, California, Feb. 19, 2020. Police Misconduct, Prosecutor/Attorney General Misconduct, Prosecutors, Police.
- Prosecutors Transform Due Process into ‘Dues Processed’, Feb. 19, 2020. Prosecutors.
- Federal Prosecutor’s Office in Kansas Considers It Acceptable to Listen to Attorney-Client Conversations, Feb. 19, 2020. Prosecutor/Attorney General Misconduct, Prosecutors.