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Jury Nullification

This nullification tendency is particularly likely to occur when jurors who dis- agree with the law are told of their right to nullify it. In these instances, research suggests the possibility that a nullification instruction may unleash a form of “chaos,” liberating jurors to follow their emotions in an emotionally charged case.

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Jury nullification is what happened in cases pertaining to physician-assisted suicide, as was practiced by the late Jack Kevorkian, a pathologist. During the 1990s, Kevorkian presided over 130 deaths. For three of these incidents, he was tried for murder, and the juries, sympathetic to his plight, practiced nullification and acquitted him. Then he injected a terminally ill man with a lethal dose of drugs, videotaped the death, gave the tape to CBS News, and again challenged authorities to take him to court. They did, and in 1999, after having defied the law in the boldest of ways, Kevorkian was found guilty. He was Prisoner #284797 in a Michigan state prison until he was released on parole in June 2007. He died four years later at the age of 83.

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