Title: Jury Nullification
Subtitle: The Jurisprudence of Jurors' Privilege
Subject Classification:  Law and Legal Ethics, Society and Culture, Politics and Government  
BIC Classification: LA, LAB, LAQ
BISAC Classification: LAW052000, LAW053000, LAW036000
Binding: Hardback, Paperback, eBook
Publication date: 18 Jan 2024
ISBN (Hardback): 978-1-80441-090-5
ISBN (eBook): 978-1-80441-091-2
ISBN (Paperback): 978-1-80441-419-4

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Description

Jury nullification, in its simplest definition, occurs when a jury returns a not guilty verdict for a defendant it believes to be legally guilty of the crime charged. To put this explicitly, a jury nullifies when, despite believing both a) that the defendant did, beyond a reasonable doubt, commit the act/omission in question, and b) that such behavior is, in fact, prohibited by law, nevertheless declares the defendant innocent. This book explores the specifically philosophical aspects of the phenomenon. Is jury nullification a right? A power? A mere ability? A privilege? A pernicious form of juror malfeasance? Is a system that allows for jury nullification more, or less just, than one that does not? This important book fills a gap in the current scholarship around jury nullification, which, for the most part, has been confined to purely doctrinal analyses, rather than the broader ethical, social, political, and philosophical contours of this issue.

Biography

Author(s):  Dr. Travis Hreno is Associate Professor of Philosophy, Department of Philosophy, The University of Akron, Ohio, USA

Reviews

"Hreno does successfully navigate a massive area of controversy and faithfully engages with a wide variety of views about nullification itself, as well as the more specific question of nullification instructions. The central Hohfeldian analysis is careful, precise, and elucidates the otherwise sloppy language that is commonly used in these discussions. And while I am not wholly convinced of Hreno’s ambitious final conclusion, the range of views discussed in the book—even views he eventually disagrees with—is impressive. Anyone interested in deep questions about criminal procedure and the structures of the judiciary would benefit from a read."
- Canadian Journal of Law & Jurisprudence 2024, 1-5