Criminal juries systematically convict less often than judges would in identical cases

Evidence

However, in criminal cases, juries are more likely to rule in favor of defendants, acquitting them or hanging when the judge would have convicted or convicting the defendant of a lesser charge. This greater lenience in some instances reflects a willingness to give the benefit of the doubt to defendants without a criminal record, but in others it reflects a rigorous interpretation of the “beyond a reasonable doubt” standard. Jury nullification also plays a role. Jurors sometimes refuse to convict when they disagree with the law or when they peheve that defendants have already suffered enough for their wrongdoing. — G. Alan Tarr, Judicial Process and Judicial…, 1439

Categorization

  • DEFINE: Introduces jury nullification and the beyond-a-reasonable-doubt standard as mechanisms of jury lenience.
  • SHARE: The judge-jury divergence data and nullification here is the kind of niche nugget a criminal-procedure-focused classmate would love.
  • XREF: connects to: Juries convict more leniently than judges would in criminal cases — G. Alan Tarr, Judicial Process and Judicial…, 891; Written jury instructions are often detailed enough that some judges let jurors keep copies. — G. Alan Tarr, Judicial Process and Judicial…, 1401; Only nine percent of jury verdicts lack legal merit per trial judges — G. Alan Tarr, Judicial Process and Judicial…, 1437 (+19 more)

Broader Connections