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- Title
The Duty to Disregard the Law.
- Authors
Huemer, Michael
- Abstract
In the practice of jury nullification, a jury votes to acquit a defendant in disregard of the factual evidence, on the grounds that a conviction would result in injustice, either because the law itself is unjust or because its application in the particular case would be unjust. Though the practice is widely condemned by courts, the arguments against jury nullification are surprisingly weak. I argue that, pursuant to the general ethical duty to avoid causing unjust harms to others, jurors are often morally obligated to disregard the law.
- Subjects
JURY nullification; JURIES &; ethics; JUSTICE; JURORS; JURY trials; POLITICAL philosophy
- Publication
Criminal Law & Philosophy, 2018, Vol 12, Issue 1, p1
- ISSN
1871-9791
- Publication type
Article
- DOI
10.1007/s11572-016-9407-4