Does a jiror have to follow what the law says?

Question

From what I understand by law Jurors can vote with their concience

Say a mother shoots her childs Rapist, she could get off if the jury wants her too.

Answer 1

A juror should follow what the law says.

What you are trying to introduce is the concept of "Jury Nullification."

Jury nullification refers to a rendering of a verdict by a trial jury, disagreeing with the instructions by the judge concerning what is the law, or whether such law is applicable to the case, taking into account all of the evidence presented. Although a jury's refusal relates only to the particular case before it, if a pattern of such verdicts develops, it can have the practical effect of disabling the enforcement of that position on what is the law or how it should be applied. Juries are reluctant to render a verdict contrary to law, but a conflict may emerge between what judges and the public from whom juries are drawn hold the law to be. A succession of such verdicts may signal an unwillingness by the public to accept the law given them and may render it a "dead-letter" or bring about its repeal. The jury system was established because it was felt that a panel of citizens, drawn at random from the community, and serving for too short a time to be corrupted, would be more likely to render a just verdict than officials who may be unduly influenced.

In recent years, judges seem to like jury nullification less and less. While unable to take away the power of nullification, they have done much to prevent its use.

Answer 2

Mark is correct...Jury nullification is another means by which a jury can make is verdict.

A jury is not legally required to follow the law...we want them to but we can't punish them or overturn their decision if they don't...I would like to say it never happens but it does.

But on the flipside an attorney can be disbarred for advocating or asking a jury to nullify the law in a case...a big no no.

But you pose an interesting hypothetical...and this is why I dislike jury nullification...what happens if she shoots the alleged rapist...alot of parents would do the same thing...then we find out that she shot an innocent and got off?

Answer 3

A juror does have to do what the law says. This will often depend on what the mother's criminal charge is, and what the corresponding requirements are for that crime (intentional homicide, depraved heart homicide, manslaughter). All these crimes have different legal requirements. Also, if the facts are so obvious that mother killed Rapist with intent, and the jury lets mother off the hook, there may be a mistrial for the jury refusing to follow the court's instructions.

Answer 4

NO! They MUST follow the law.