Re:Man arrested for promoting jury nullification wins federa...
by JumpCrisscross on Tuesday August 09, 2022 @04:20AM
(#32395424)
> Without testimony, how would you make the case for perjury?
You’re almost certainly going to be asked about your ability to make a decision on the basis of the law, and solely the law, during voir dire. If you say yes and then go on to nullify, you perjured yourself.
Re:Man arrested for promoting jury nullification wins federa...
by mattkrause on Tuesday August 09, 2022 @09:21AM
(#32397435)
I agree that it’s (morally) perjury, but I don’t see how it could be proven in court. The prosecutor can’t compel the individual juror (5th Amendment) or the rest of the jury (Rules of Evidence) to testify. I suppose someone could voluntarily waive their 5A rights and confess but…
Re:Man arrested for promoting jury nullification wins federa...
by vkou on Tuesday August 09, 2022 @04:58AM
(#32395647)
As a juror, you aren't required to explain your thought process.
Re:Man arrested for promoting jury nullification wins federa...
by yuliyp on Tuesday August 09, 2022 @10:08PM
(#32407140)
"nullifying" means voting "not guilty". There's no evidence to prove that the juror did not just distrust all of the evidence presented, or feel that it didn't rise to the threshold of beyond a reasonable doubt.
Rule 606 of the Federal Rules of Evidence prohibits a juror from testifying “about any statement made or incident that occurred during the jury’s deliberations; the effect of anything on that juror’s or another juror’s vote; or any juror’s mental processes concerning the verdict or indictment.” [0]
Without testimony, how would you make the case for perjury? You can’t force the juror to incriminate themself, nor can you ask the other jurors to incriminate them. There’s no functional way to distinguish between nullification and a deliberated no vote.
[0] See page 25 (labelled as 12) https://www.uscourts.gov/sites/default/files/Rules%20of%20Ev....