i though it was legal just unknown. it seems like im confused on this. i know to some extent a jury can veto a law. this happens alot with marajuana charges.
2007-06-08 08:42:01 · 6 answers · asked by redjedi182 3 in Politics & Government ➔ Law & Ethics
its called jury-nullification.
2007-06-08 08:51:50 · update #1
First of all, a GRAND jury issue indictments, it does not decide guilt or innocence.
What I believe you are asking is whether or not a jury can vote for acquittal in spite of evidence to the contrary. The answer to that is yes. A jury can exercise its right to jury nullification and issue an acquittal if it believes the law to be immoral, unjust, being unjustly applied or for just about any other reason. Judges and prosecutors do NOT want jurors to know about this right, and juries are NOT instructed on it in the court. But it is a fundamental right and reflects the original intent of juries -- a group of peers to decide BASED ON SOCIETAL MORES. Jury nullification was offerred as the reason that Jack Kevorikian was acquitted in his first couple of trials. The jurors did NOT agree with the law that prevented assisted suicides.
2007-06-08 08:50:59 · answer #1 · answered by jurydoc 7 · 0⤊ 0⤋
A grand jury can't "veto" any law. Veto is a function of the executive branch (president, governor).
You seem to be thinking about jury nullification, where a jury decides not to convict for whatever reason (e.g., disagree with a law or the way it is being enforced) even though the evidence would support a conviction. A jury, or individual juror, can vote however it it/they want.
A grand jury, which issues indictments, issues discretion whenever it indicts or no-bills. Typically, they follow the recommendation of the district attorney presenting the case, but they, like a trial jury, are independent of the D.A. and can (and one hopes do) vote their conscience in light of the evidence presented.
2007-06-08 08:54:56 · answer #2 · answered by Thufir 3 · 0⤊ 0⤋
No they can't. They can fail to indict!
Grand juries are not the legislature, nor are they the appeals court.
Some laws eventually get change because of this, or not prosecuted. especially if a jury sends the same message time after time. That is called jury nullification!
I can give you an instance regarding Marijuana where juries have practiced nullification. Those usually revolve around using the drug for terminal patients, or others where it has been shown by medical studies to have efficacy.
For the life of me, though I know Marijuana is illegal, that Md's can't prescribe it.
They prescribe Morphine and Demerol all the time, but they are illegal without a script!
2007-06-08 08:53:08 · answer #3 · answered by cantcu 7 · 0⤊ 0⤋
The purpose of the grand jury is to examine the state's evidence to determine if there are grounds to indict a suspect. They don't interpret laws. They just listen to evidence. The grand jury does not even determine guilt.
2007-06-08 08:45:44 · answer #4 · answered by regerugged 7 · 0⤊ 0⤋
Grand jury decides if there is enough evidence to indict and try a crime. Has nothing to do with vetoing a law.
2007-06-08 08:45:03 · answer #5 · answered by wizjp 7 · 1⤊ 0⤋
No, they cannot.
2007-06-08 08:45:16 · answer #6 · answered by Matt T 1 · 0⤊ 0⤋