Additionally, one could argue in telling the jury to disregard the law deciding in accordance to their own personal prejudices, moreover, their conscience could air in favor of lawlessness. The criminal justice system was built upon the foundation of lawfulness, due process, as well as the right to a fair trial (Duane, 1996). The secrecy of jury deliberation prevents us from knowing exactly why the jury came to the decision to find the accused not guilty. The jury has no obligation to explain how they came to issue the verdict they conclude, guilty or not guilty. A defendant may be technically guilty of the elements of the crime based upon the evidence presented at trial, consequently, the jury may find them not guilty. There are several reason this could happen, the jury feels the law is unjust, the jury feels the charge is not appropriate, moreover, the jury may have taken note of exigent circumstances which in their minds justify the actions of the accused even though it may be unlawful to make their determination based on those notations. The jury deliberates in secret to determine the fate of the accused moreover the verdict is not required to be supported by a statement therefore the jury’s reasoning for the verdict may never be …show more content…
J. (1996). Jury nullification: the top secret Constitutional right. Retrieved from http://court.rchp.com/free-legal-help/library-of-legal-articles/jury-nullification-the-top-secret-constitutional-right/. FindLaw. (n.d.). Jury nullification. Retrieved from http://criminal.findlaw.com/criminal-procedure/jury-nullification.html. Hall, D. (2015). Criminal law and procedure (7th ed.). Stamford, CT: Cengage Learning. United States v Manning, 79F.3d 212. (1996)
Distinguish challenging a prospective juror for cause from using a peremptory