Date of Award
2016
Document Type
Dissertation/Thesis
Submission Date
October 2026
Thesis/Dissertation Advisor [Chair]
Tunick, Mark
Abstract
Jury nullification is defined as a "Jury's knowing and deliberate rejection of the evidence, or refusal to apply the law" (Black's Law Dictionary). Originally, U.S. jurisprudence recognized a juror's power to nullify a law as a necessary element of an impartial jury. However, U.S. courts have since been evolving an increasingly prohibitive stance regarding jury nullification. After careful examination of common law, U.S. case law, and analysis of legal and political theories which shaped the U.S. judicial system, I argue that a defendant's sixth amendment right will always be violated when a jury is prohibited from knowing its power of nullification and/or when a juror is reprimanded for exercising the nullification power.
Recommended Citation
Smith, Jeremiah Shank, "A Defendant's Sixth Amendment Right to Jury Nullification" (2016). Harriet L Wilkes Honors College Theses 2010 - 2019. 249.
https://digitalcommons.fau.edu/etd_honors_2/249
Extent
97 p.
Identifier
FA00003693
Comments
Includes bibliography.