“JURY NULLIFICATION” BY ANY OTHER NAME
While arguing jury nullification straight-up will rarely be tolerated by either the prosecutor or the judge, and while a jury instruction is practically unheard of, there is nothing to prevent able counsel from reassuring the jury of its inviolate decision-making role in this process. Counsel would be remiss not to remind the jurors that:
“While His Honor is the Judge of the law, in our system of justice, you twelve citizens are the judges of the facts. And your decision as to the facts of this case, who to believe, what happened and why, is your decision and yours alone to make. No one will ever come and pry into your mind or to ask you to reconsider. You are here for one purpose and one purpose alone, to see that justice is done. Your only concern should be that after all is said and done, you can go home to your family, wake up in the morning, look yourself in the mirror and say to yourself: ‘I’ve done right.’”
