this post was submitted on 07 Dec 2023
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[–] [email protected] 115 points 8 months ago (11 children)

Historically it was used by white juries to let off fellow racists who committed crimes against minorities, which is why the courts discourage it.

[–] [email protected] 74 points 8 months ago (8 children)

It was also used during prohibition, and courts do more than discourage it, you can be held in contempt for mentioning it.

[–] [email protected] 33 points 8 months ago (6 children)

How is it intended to be used then, just pretend it doesn't exist till final deliberations?

It still exists, so when is it intended for?

[–] [email protected] 59 points 8 months ago

It exists only as a consequence of two other requirements of the jury process. 1) jurors cannot be held accountable for any decision they make as a jury and 2) any not guilty verdict delivered by a jury is absolute and final.

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