Jurors’ sense of legal duty curbs nullification even against their views
Evidence
Yet in refusing to convict those guilty of violating criminal law, contem- porary jurors exceed their legal authority, and the recognition of their legal obligation to apply the law may lead jurors to do so even when they disagree with the law. — G. Alan Tarr, Judicial Process and Judicial…, 1417
Categorization
- XREF: Connects to course themes of legal obligation versus individual conscience and the rule of law. — connects to: Jury nullification persists but jurors now exceed legal authority. — G. Alan Tarr, Judicial Process and Judicial…, 870; Jury nullification persists even though voters exceed their legal authority — G. Alan Tarr, Judicial Process and Judicial…, 870; Jurors displace guilt onto the legal system’s decisions — Albert Bandura, Moral Disengagement: How People Do Harm…, 2001 (+8 more)
Broader Connections
- Jurors displace guilt onto the legal system’s decisions
#complicates(0.90) — Albert Bandura, Moral Disengagement, 2001 - Capital juries force untrained citizens into life-or-death moral decisions
#complicates(0.90) - Individual juror decisions do not simply aggregate into deliberating jury outcomes
#complicates(0.90) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 913 - Jurors vote for death by believing their verdicts are merely provisional statements.
#complicates(0.90) - Jury nullification persists even though voters exceed their legal authority
#complicates(0.85) — G. Alan Tarr, Judicial Process and Judicial…, 870 - Jurors reframe capital sentencing as rules answering to avoid moral guilt
#complicates(0.85) — Albert Bandura, Moral Disengagement, 2003 - Jurors feel trapped by sentencing rules into against-judgment verdicts
#qualifies(0.80) — Albert Bandura, Moral Disengagement, 2000 - Capital trials are deliberately structured to let jurors avoid moral responsibility
#complicates(0.80) - Jurors displace moral responsibility onto incomprehensible sentencing instructions.
#complicates(0.80) — Albert Bandura, Moral Disengagement, 1995