This article is the first to analyze a pervasive and unexplored constitutional problem: the rights of crime victims against unconstitutional discrimination by juries. From the Emmett Till trial to that of Rodney King, there is a long history of juries acquitting white defendants charged with violence against black victims. Modern empirical evidence continues to show a devaluation of black victims; dramatic disparities exist in death sentence and rape conviction rates according to the race of the victim. Moreover, just as juries have permitted violence against those who allegedly violated the racial order, juries use acquittals to punish female victims of rape and domestic violence for failing to meet gender norms. Statistical studies show that the "appropriateness" of a female victim's ...
...95. A. Jury Discrimination Is Unconstitutional ............ 96...109. D. Jury Nullification Cannot Be Based on Unconstitutional Discrimination...
...At sentencing, the trial judge asked the jury to answer two special issues, affirmative answers ... evidence in violation of the Constitution. Recognizing that Penry v. Lynaugh , 492 U. S. ... the special issues with a nullification instruction, we again concluded that the jury had ...
...FROM THE STAMP ACT TO THE CONSTITUTION II. THE CONSTITUTION AND THE JUDICIAL TURN A. The ... went on to insist that "a nullification, by those sovereignties [i.e., the states], of all... (91.) See, e.g., Stephan Landsman, The Civil Jury in America: Scenes from an Unappreciated History, ...
... when I encountered No Treason: The Constitution of No Authority. I could scarcely believe my eyes.... the Bar, would lay them before the grand jury, or some other tribunal-and .. it is probable the ... to support his case for jury nullification. Did early American law conform to Spooner's view,...
... accompaniment of the ancient institution of jury trial. In this country the guarantee to an accused... in six-member juries required nullification of the state policy. See also Brown v. Louisiana...
... Guidelines, the sentence authorized by the jury verdict in respondent Booker's drug case was 210-t... opinions recognized, there is no constitutionally significant distinction between the Guidelines and...ordinarily 'extension, rather than nullification, is the proper course,' the court should not, of c...
[Nullification: How to Resist Federal Tyranny in the 2lst Century...The U.S. Constitution and federal legislation would be the highest law o... creation of federal tax escrow accounts; and jury nullification on an individual citizen level. As a...
... not been controlled by specific constitutional or statutory provisions expressly empowering the j...
The history of jury nullification is to some extent one of rebellion. As we discussed in an earlier column, the doctrine dates back to seventeenth-century England and has been exercised by juries throughout the ages to reject or ignore laws set forth before them. Rarely invoked today, jury nullification nevertheless retains a diminished relevancy, particularly in Maryland. Ours is one of only a few states which have expressly recognized the principle that the jury is empowered to act as the judge of both the facts and the law.
... jury to decide whether the law was constitutional. Franklin v. State, 12 Md. 236, 245-246 (1858). ...
Introduction - II. Anatomy of an Anecdote: What Is the Explanatory - Exception? - A. The Rule: Hearsay - B. The "Exception": Explanation - C. What It Was and What It Is - D. Scope of the Exception - . Relevancy - . Verbal Statements v. Conduct - . Constitutional Restrictions - . Other Evidentiary Limitations - III. Louisiana’s Application of the Explanatory Exception: - A Tumultuous Tale - A. The Supreme Court Trilogy - B. Too Much Hearsay Relevancy - C. Uncaging of the Beast: Inconsistent Appellate - Application - . Blatant Explanatory Exception Abuse - . Specific Categories of Misuse - IV. Resolving the Plot’s Central Conflict: How to Legally - Apply the Explanatory Exception in Louisiana - A. Return to a Proper Relevancy Analysis - . Explanations of an Officer’s Conduct - . Explan...
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