The solution tackles the legal & criminological issues of jury nullification, racial profiling, equality of justice, race & class in the american justice system, among others, by discussing a group of select articles that present debates on the topics. Guests: paul butler former special assistant district attorney district of columbia associate professor george washington university law school author racially based jury nullification: black. Jury nullification is a de facto power of juries to acquit a guilty defendant based on a refusal to accept the law under which the defendant is charged with a crime ↑ paul butler, my jury service to america, the huffington post, july 1, 2009. See paul butler, racially-based jury nullification: black power in the criminal justice system, 105 yale lj 677 (1995) because the prosecution may not, under the constitution, appeal the acquittal of a criminal defendant, jurors essentially by nullify a guilty verdict that is dictated by the evidence simply by refusing to vote for conviction. Jury nullification might sound like a convoluted concept in an already confusing legal system, but the idea is actually quite simple it happens when a jury returns a verdict of not guilty despite its belief that the defendant is guilty of the violation charged.
Paul butler argues that due to disparate impact on african americans in the criminal justice system, african american jurors ought to exercise their right of nullification when there are african american defendants of nonviolent crimes. Racially based jury nullification: black power in the criminal justice system by butler, paul black power in the criminal justice system by butler, paul read preview article excerpt wonders do not confuse we call them that and close the matter there but common things surprise us they accept the names we give and that idea. Jury nullification is perfectly legal and has a long history- indeed the framers of the constitution intended jurors to serve as a check on bad prosecutions and ineffective laws paul butler. While proponents of jury nullification cite its importance to democracy, they oversimplify the idea and overlook its flaws currently, jury nullification is technically legal, but highly discouraged.
Paul butler (professor) paul delano butler (born january 15, 1961)  is an american lawyer , former prosecutor, and current law professor of georgetown university law center he is a leading criminal law scholar, particularly in the area of race and jury nullification. Let’s get free: a hip-hop theory of justice, by paul butler a wonderful defense of jury nullification from a former federal prosecutor who realized how jury nullification saved some black defendants he has prosecuting. Paul butler, former federal prosecutor and law professor at george washington university made a powerful argument for jury nullification in an op-ed in yesterday's new york times.
See paul butler, racially based jury nullification: black power in the criminal justice system, 105 yale lj 677 (1995) nancy s marder, the interplay of race and false claims of jury nullification , 32 u mich jl. Paul delano butler (born january 15, 1961) is an american lawyer , former prosecutor, and current law professor of georgetown university law center he is a leading criminal law scholar, particularly in the area of race and jury nullification. In 1996, george washington university law professor paul butler wrote in favor of jury nullification in the yale law review, saying it was necessary because of racial injustices in current law enforcement. Jury nullification is premised on the idea that ordinary citizens should have the final say on punishment paul butler: jurors need to know they can say no paul butler, a former federal. Jury nullification is just part of an arsenal of tools to end the failed “war on drugs” n in 2009, paul butler wrote“t en things you can do to reduce incarceration ”for the nation.
The leading proponent of jury nullification is a montana-based outfit called the fully informed jury association, which has attracted a substantial audience among libertarians and drug-war critics. Jury nullification in the united states has its origins in colonial america under british law in the united states, jury nullification occurs when a jury in a criminal case reaches a verdict contrary to the weight of evidence, sometimes because of a disagreement with the relevant law the american jury draws its power of nullification from its right to render a general verdict in criminal. Butler: i wouldn't have advocated this idea of jury nullification but for my experience as a prosecutor, bringing these cases right here in dc and just developing so much respect for the people.
In a new york times oped earlier this month in support of heicken, butler wrote: “jury nullification is not new its proponents have included john hancock and john adams the doctrine is. Analysis of paul butler’s race-based jury nullification and his call to black jurors and the cating the simple idea that when it comes to criminal justice, what is good that butler’s jury nullification proposal is a principled tool to use “in the. Each week, in theory takes on a big idea in the news and explores it from a range of perspectives this week, we’re talking about jury nullification need a primer catch up here paul butler.
The promotion of jury nullification rests on the assumption that 12 randomly chosen individuals are entitled to override the democratically expressed will of the citizenry. Analysis of paul butler's race-based jury nullification and his call to black jurors and the african american community created date: 20160807181550z. I mentioned briefly in class professor paul butler's (in)famous and provocative law review article in which he urged race-based jury nullification the article was published as racially based jury nullification: black power in the criminal justice system , 105 yale lj 677 (1995), and is available at this link.