Washington Jury Instruction - Confession - Statement - Single Defendant
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One of the most famous cases involving jury nullification is the murder trial of Dr. Jack Kevorkian. In the early to mid-1990s, Kevorkian helped multiple people commit suicide. Although he did not actually kill any of his patients, he did help patients who asked to kill themselves.
Far from being an unintended side-effect, jury nullification is explicitly authorized in the constitutions of 24 states. The constitutions of Maryland, Indiana, Oregon, and Georgia currently have provisions guaranteeing the right of jurors to ?judge? or ?determine? the law in ?all criminal cases.?
[I]nasmuch as no juror has a right to engage in nullification-and, on the contrary, it is a violation of a juror's sworn duty to follow the law as instructed by the court-trial courts have the duty to forestall or prevent such conduct, whether by firm instruction or admonition or, where it does not interfere with ...
It is not required that the government prove guilt beyond all possible doubt. A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence. 3.5 Reasonable Doubt?Defined | Model Jury Instructions - Ninth Circuit uscourts.gov ? jury-instructions ? node uscourts.gov ? jury-instructions ? node
Nullification occurs in a trial when a jury acquits a defendant, even though the members of the jury believe the defendant to be guilty of the charges.? State v. v. Ward, 8 Wn. in the court of appeals of the state of washington wa.gov ? opinions ? pdf wa.gov ? opinions ? pdf
Judicial opinion That decision, often cited, has led to a common practice by US judges to penalize anyone who attempts to present a nullification argument to jurors and to declare a mistrial if such argument has been presented to them.