JURY NULLIFICATION Definitions and Examples To Nullify or Not to Nullify, That Is the Question A Violation of the Sex Offender Act

TO NULLIFY OR NOT TO NULLIFY, THAT IS THE QUESTION

OVERVIEW

This exercise should be given after a class has spent some time learning about the American jury system. Specifically, after they have discussed the concept of jury nullification, but not immediately after (students may wish to nullify in this case, but it should not be obvious that the purpose of this exercise is to see whether or not they will). Please see the other nullification hand-outs, presented as a part of this package, which will help you with your earlier nullification discussion.

PROCEDURE

Depending on class size, divide them into groups of 6-12. I minimum group size would be 4 or 5, but no larger than 12, of course.

Explain briefly that this exercise is based on a real one-day trial that took place in Cook County Criminal Courts (26th & California) in the summer of 1999. It is not atypical of the types of cases heard by juries.

Their function is simply to act as a jury-to reach a "guilty" or "not guilty" verdict based solely on the evidence presented. Each group should begin by electing a foreman. After that, how each jury functions is up to that group. They should deliberate only within their group, and under no circumstances may they communicate with another jury. Tell them they must reach a verdict.

Depending on class time, give the groups 15-30 minutes to debate.

After completion of the exercise, re-seat the class as a group, but with the various "juries" seated together. Here are some suggested questions:

1. Did your group reach a verdict? Guilty or not guilty?
2. If you reached a verdict, how long did it take you? If not, do you think you could have, or was your group, do you think, deadlocked?
3. Which of you discussed information/attitudes that were not presented as evidence in the trial? Did this contribute to your decision? How?
4. (For those who voted not guilty) Look at your definitions of nullification. Did you "nullify" with your decision? If so, why? If not, why was your verdict within the scope of the law as it was presented to you?
5. What were the points of contention among you as you deliberated?
6. Was anyone's mind changed?
7. If you can, compare how you decided to what a judge would have, given this same evidence. What does this say about the American jury system, compared to (say) the Mexican example, which you read about?

YOUR ROLE AS JUDGE

Student jurists will ask a lot of questions as they deliberate. Typically, "what is the punishment for this offense," or "what is 'juvenile pimping'?" Your role, here, is really to do no more than re-state what has already been given to them as evidence. Remember: you are the judge, and will be acting as if the jurors had posed a question and were brought back to the jury box to receive the answer. Give the answer to any question posed to all the juries in your class.

Answers to the above questions should be: "That information was not a part of the testimony in the trial. Your decision must be made based solely on the evidence presented." You will use that answer a lot.

EVALUATION

This is an exercise where students can easily be evaluated by their participation in the jury deliberation. For those reticent (and there are always some), you might "encourage" them by stating, at the outset, that anyone who does not participate in the discussion will need to write an essay of 1, 2 pages, describing what took place in the deliberations they witnessed.

Of course, conceptual questions about nullification would be appropriate for a test. This teacher has found it difficult, other than through the use of the essay, above, to otherwise evaluate participants.

RECAP

Students will be interested to learn that the punishment for this violation is only a moderate fine ($500 or so). But, the man in question, through this conviction, probably violated parole, and had to return to prison to serve more (maybe the remainder of) of his sentence. This, of course, was not information presented at trial-it seldom is. Revealing this information to the class will likely stimulate another round of discussion.

QUESTIONS, COMMENTS, SUGGESTIONS, REFINEMENTS

Please contact:
Randy Fritz
Williamsfield High School
P.O. Box 278
Williamsfield, Illinois 61489
309-639-2216
randyf@winco.net

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