Monday, May 21, 2012

Nullification II

"The jury possesses a general veto power and may acquit when it has no sympathy for the Government’s case, no matter how overwhelming the evidence of guilt. A jury acquittal is final and unreviewable; a judge may not direct a jury to convict or vacate an acquittal, nor may a prosecutor appeal an acquittal on grounds of judicial error or erroneous jury determination."
--Lieutenant Commander Robert E. Korroch
Source: Lieutenant Commander Robert E. Korroch and Major Michael J. Davidson, (LTC Korroch serves with the U.S. Coast Guard; B.S., U.S. Coast Guard Academy (1981); J.D., Marshall-Wythe School of Law, College of William and Mary 1988) (Maj. Davidson serves with the U.S. Army Judge Advocate General Corps, Litigation Division), in Jury Nullification: A Call for Justice or an Invitation to Anarchy?, 139 MIL. L. REV. 131 (1993).

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