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Between local knowledge and national politics: debating rationales for jury nullification after Bushell's Case.
From:
Yale Law Journal
| Date:
May 1, 2002| Author:
Stern, Simon
| COPYRIGHT 2002 Yale University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group.Copyright information
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Sir John Vaughan's opinion in Bushell's Case (1) constitutes an important milestone in the history of jury nullification in Anglo-American law. In ruling that jurors may not be fined or imprisoned for returning a verdict that conflicts with the judge's assessment of the evidence, Vaughan made a formative contribution to our understanding of the jury' s independence, and his opinion continues to be cited in discussions of this issue. (2) Vaughan did not defend nullification: His opi...
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