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Jury nullification

Index Jury nullification

Jury nullification is a concept where members of a trial jury find a defendant not guilty if they do not support a government's law, do not believe it is constitutional or humane, or do not support a possible punishment for breaking the law. [1]

109 relations: Acquittal, American Civil War, American Revolutionary War, Anthony Ashley Cooper, 1st Earl of Shaftesbury, Appeal, ARA General Belgrano, Argument, BBC News, Brian Dickson, Bribery, Bushel's Case, Charles Lyon, 6th Earl of Strathmore and Kinghorne, Church of England, Citizens Rule Book, Civil service, Clive Ponting, Compromise of 1850, Court of Common Pleas (England), Criminal procedure, Daniel Webster, De facto, Defamation, Democracy, Deontological ethics, Dispute resolution, Double jeopardy, Eduard Bernstein, Eighteenth Amendment to the United States Constitution, Encarta, English law, Falklands War, Federal Cases, Federal Reporter, Fugitive slave laws, Fully Informed Jury Association, Grand jury, Habeas corpus, Harmless error, Henry Morgentaler, Henry Stenning, Hung jury, Indictment, James Carnegie of Finhaven, John Entick, John Lilburne, John Marshall Harlan, John Wilkes, Josephine Terranova, Judgment notwithstanding verdict, Judicial override, ..., Juror's oath, Jury, Jury Nullification (book), Jury trial, Letter and spirit of the law, Lysander Spooner, Magna Carta, Microsoft, Motion in limine, Nicholas Throckmorton, Obiter dictum, Official Secrets Act 1911, Old Bailey, Oliver Cromwell, Party (law), Prejudice, Prohibition in the United States, Public interest, Quakers, R v Latimer, R v Morgentaler, Race (human categorization), Royal Navy, Scotland, Sedition, Seditious libel, Self-governance, Sempronius H. Boyd, Seven Bishops, Shadow defense, Shadrach Minkins, Sparf v. United States, Stealth juror, Stettinius v. United States, Supreme Court of Canada, Tam Dalyell, Treason, Trespass, Trial, Trier of fact, Twenty-first Amendment to the United States Constitution, Ultimate fact, United States, United States Court of Appeals for the District of Columbia Circuit, United States Court of Appeals for the Fourth Circuit, United States Court of Appeals for the Ninth Circuit, United States Court of Appeals for the Sixth Circuit, United States v. Dougherty, United States v. Fenwick, University of Texas at Austin, Voir dire, Whig Party (United States), Wild Bill Hickok, Wild Bill Hickok – Davis Tutt shootout, William Cranch, William Mead (merchant), William Murray, 1st Earl of Mansfield, William Penn, Writ of attaint. Expand index (59 more) »

Acquittal

In common law jurisdictions, an acquittal certifies that the accused is free from the charge of an offense, as far as the criminal law is concerned.

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American Civil War

The American Civil War (also known by other names) was a war fought in the United States from 1861 to 1865.

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American Revolutionary War

The American Revolutionary War (17751783), also known as the American War of Independence, was a global war that began as a conflict between Great Britain and its Thirteen Colonies which declared independence as the United States of America. After 1765, growing philosophical and political differences strained the relationship between Great Britain and its colonies. Patriot protests against taxation without representation followed the Stamp Act and escalated into boycotts, which culminated in 1773 with the Sons of Liberty destroying a shipment of tea in Boston Harbor. Britain responded by closing Boston Harbor and passing a series of punitive measures against Massachusetts Bay Colony. Massachusetts colonists responded with the Suffolk Resolves, and they established a shadow government which wrested control of the countryside from the Crown. Twelve colonies formed a Continental Congress to coordinate their resistance, establishing committees and conventions that effectively seized power. British attempts to disarm the Massachusetts militia at Concord, Massachusetts in April 1775 led to open combat. Militia forces then besieged Boston, forcing a British evacuation in March 1776, and Congress appointed George Washington to command the Continental Army. Concurrently, an American attempt to invade Quebec and raise rebellion against the British failed decisively. On July 2, 1776, the Continental Congress voted for independence, issuing its declaration on July 4. Sir William Howe launched a British counter-offensive, capturing New York City and leaving American morale at a low ebb. However, victories at Trenton and Princeton restored American confidence. In 1777, the British launched an invasion from Quebec under John Burgoyne, intending to isolate the New England Colonies. Instead of assisting this effort, Howe took his army on a separate campaign against Philadelphia, and Burgoyne was decisively defeated at Saratoga in October 1777. Burgoyne's defeat had drastic consequences. France formally allied with the Americans and entered the war in 1778, and Spain joined the war the following year as an ally of France but not as an ally of the United States. In 1780, the Kingdom of Mysore attacked the British in India, and tensions between Great Britain and the Netherlands erupted into open war. In North America, the British mounted a "Southern strategy" led by Charles Cornwallis which hinged upon a Loyalist uprising, but too few came forward. Cornwallis suffered reversals at King's Mountain and Cowpens. He retreated to Yorktown, Virginia, intending an evacuation, but a decisive French naval victory deprived him of an escape. A Franco-American army led by the Comte de Rochambeau and Washington then besieged Cornwallis' army and, with no sign of relief, he surrendered in October 1781. Whigs in Britain had long opposed the pro-war Tories in Parliament, and the surrender gave them the upper hand. In early 1782, Parliament voted to end all offensive operations in North America, but the war continued in Europe and India. Britain remained under siege in Gibraltar but scored a major victory over the French navy. On September 3, 1783, the belligerent parties signed the Treaty of Paris in which Great Britain agreed to recognize the sovereignty of the United States and formally end the war. French involvement had proven decisive,Brooks, Richard (editor). Atlas of World Military History. HarperCollins, 2000, p. 101 "Washington's success in keeping the army together deprived the British of victory, but French intervention won the war." but France made few gains and incurred crippling debts. Spain made some minor territorial gains but failed in its primary aim of recovering Gibraltar. The Dutch were defeated on all counts and were compelled to cede territory to Great Britain. In India, the war against Mysore and its allies concluded in 1784 without any territorial changes.

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Anthony Ashley Cooper, 1st Earl of Shaftesbury

Anthony Ashley Cooper, 1st Earl of Shaftesbury, PC (22 July 1621 – 21 January 1683), known as Anthony Ashley Cooper from 1621 to 1630, as Sir Anthony Ashley Cooper, 2nd Baronet from 1630 to 1661, and as The Lord Ashley from 1661 to 1672, was a prominent English politician during the Interregnum and during the reign of King Charles II.

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Appeal

In law, an appeal is the process in which cases are reviewed, where parties request a formal change to an official decision.

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ARA General Belgrano

ARA General Belgrano was an Argentine Navy light cruiser in service from 1951 until 1982.

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Argument

In logic and philosophy, an argument is a series of statements typically used to persuade someone of something or to present reasons for accepting a conclusion.

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BBC News

BBC News is an operational business division of the British Broadcasting Corporation (BBC) responsible for the gathering and broadcasting of news and current affairs.

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Brian Dickson

Robert George Brian Dickson, (May 25, 1916 – October 17, 1998), commonly known as Brian Dickson, was a Canadian lawyer, military officer and judge.

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Bribery

Bribery is the act of giving or receiving something of value in exchange for some kind of influence or action in return, that the recipient would otherwise not alter.

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Bushel's Case

Bushel’s Case (1670) 124 E.R. 1006 (also spelled Bushell's Case) is a famous English decision on the role of juries.

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Charles Lyon, 6th Earl of Strathmore and Kinghorne

Charles Lyon, 6th Earl of Strathmore and Kinghorne (c. 1699 – 11 May 1728) was a Scottish peer and nobleman.

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Church of England

The Church of England (C of E) is the state church of England.

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Citizens Rule Book

Citizens Rule Book is a handbook written to educate American citizens regarding their rights and responsibilities.

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Civil service

The civil service is independent of government and composed mainly of career bureaucrats hired on professional merit rather than appointed or elected, whose institutional tenure typically survives transitions of political leadership.

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Clive Ponting

Clive Sheridan Ponting (born 13 April 1946) is a former senior civil servant, best known for leaking documents about the sinking of the ARA ''General Belgrano'' in the Falklands War.

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Compromise of 1850

The Compromise of 1850 was a package of five separate bills passed by the United States Congress in September 1850, which defused a four-year political confrontation between slave and free states on the status of territories acquired during the Mexican–American War (1846–1848).

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Court of Common Pleas (England)

The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king.

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Criminal procedure

Criminal procedure is the adjudication process of the criminal law.

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Daniel Webster

Daniel Webster (January 18, 1782October 24, 1852) was an American politician who represented New Hampshire (1813–1817) and Massachusetts (1823–1827) in the United States House of Representatives; served as a Senator from Massachusetts (1827–1841, 1845–1850); and was the United States Secretary of State under Presidents William Henry Harrison (1841), John Tyler (1841–1843), and Millard Fillmore (1850–1852).

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De facto

In law and government, de facto (or;, "in fact") describes practices that exist in reality, even if not legally recognised by official laws.

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Defamation

Defamation, calumny, vilification, or traducement is the communication of a false statement that, depending on the law of the country, harms the reputation of an individual, business, product, group, government, religion, or nation.

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Democracy

Democracy (δημοκρατία dēmokraa thetía, literally "rule by people"), in modern usage, has three senses all for a system of government where the citizens exercise power by voting.

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Deontological ethics

In moral philosophy, deontological ethics or deontology (from Greek δέον, deon, "obligation, duty") is the normative ethical position that judges the morality of an action based on rules.

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Dispute resolution

Dispute resolution is the process of resolving disputes between parties.

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Double jeopardy

Double jeopardy is a procedural defence that prevents an accused person from being tried again on the same (or similar) charges and on the same facts, following a valid acquittal or conviction.

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Eduard Bernstein

Eduard Bernstein (6 January 185018 December 1932) was a German social-democratic Marxist theorist and politician.

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Eighteenth Amendment to the United States Constitution

The Eighteenth Amendment (Amendment XVIII) of the United States Constitution effectively established the prohibition of alcoholic beverages in the United States by declaring the production, transport, and sale of alcohol (though not the consumption or private possession) illegal.

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Encarta

Microsoft Encarta was a digital multimedia encyclopedia published by Microsoft Corporation from 1993 to 2009.

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English law

English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.

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Falklands War

The Falklands War (Guerra de las Malvinas), also known as the Falklands Conflict, Falklands Crisis, Malvinas War, South Atlantic Conflict, and the Guerra del Atlántico Sur (Spanish for "South Atlantic War"), was a ten-week war between Argentina and the United Kingdom over two British dependent territories in the South Atlantic: the Falkland Islands, and its territorial dependency, the South Georgia and the South Sandwich Islands.

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Federal Cases

Federal Cases, circuit and district courts, 1789–1880 (in case citations, abbreviated F. Cas.) was a reporter of cases decided by the United States district and circuit courts between 1789 and 1880, and is part of the National Reporter System.

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Federal Reporter

The Federal Reporter is a case law reporter in the United States that is published by West Publishing and a part of the National Reporter System.

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Fugitive slave laws

The fugitive slave laws were laws passed by the United States Congress in 1793 and 1850 to provide for the return of slaves who escaped from one state into another state or territory.

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Fully Informed Jury Association

The Fully Informed Jury Association (FIJA) is a United States national jury education organization, incorporated in the state of Montana as a 501(c)(3) not-for-profit organization.

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Grand jury

A grand jury is a legal body empowered to conduct official proceedings and investigate potential criminal conduct, and determine whether criminal charges should be brought.

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Habeas corpus

Habeas corpus (Medieval Latin meaning literally "that you have the body") is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.

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Harmless error

A harmless error is a ruling by a trial judge that, although mistaken, does not meet the burden for a losing party to reverse the original decision of the trier of fact on appeal, or to warrant a new trial.

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Henry Morgentaler

Henekh "Henry" Morgentaler, (March 19, 1923 – May 29, 2013), was a Jewish Polish-born Canadian physician and pro-choice advocate who fought numerous legal battles aimed at expanding abortion rights in Canada.

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Henry Stenning

Henry James Stenning, known in print as H. J. Stenning and also known as Harry Stenning (1889–1971) was an English socialist and translator.

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Hung jury

A hung jury or deadlocked jury is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority.

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Indictment

An indictment is a formal accusation that a person has committed a crime.

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James Carnegie of Finhaven

James Carnegie of Finhaven (died 1765) is famous for his trial for the killing of Charles Lyon, 6th Earl of Strathmore and Kinghorne which resulted in the not guilty verdict becoming a recognised part of Scots law and establishment the right of Scots juries to judge the whole case and not just the facts, a right known as jury nullification.

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John Entick

John Entick (c.1703 – May 1773) was an English schoolmaster and author.

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John Lilburne

John Lilburne (161429 August 1657), also known as Freeborn John, was an English political Leveller before, during and after the English Civil Wars 1642–1650.

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John Marshall Harlan

John Marshall Harlan (June 1, 1833October 14, 1911) was an American lawyer and politician who served as an associate justice on the U.S. Supreme Court.

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John Wilkes

John Wilkes (17 October 1725 – 26 December 1797) was an English radical, journalist, and politician.

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Josephine Terranova

Josephine Pullare Terranova (April 21, 1889, in San Stefano, Sicily, Italy – July 16, 1981, in Marin County, California) was the defendant in a sensational murder trial in New York City in 1906.

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Judgment notwithstanding verdict

Judgment notwithstanding the verdict, also called judgment non obstante veredicto, or JNOV, is a type of judgment as a matter of law (JMOL) that is sometimes rendered at the conclusion of a jury trial.

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Judicial override

In United States jurisprudence, a judicial override is when a judge overrules a jury's determination.

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Juror's oath

A juror's oath is used to swear in jurors at the beginning of jury selection or trial.

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Jury

A jury is a sworn body of people convened to render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment.

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Jury Nullification (book)

Jury Nullification: The Evolution of a Doctrine, by Clay Conrad, is one of the major book-length treatments of jury nullification.

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Jury trial

A jury trial, or trial by jury, is a lawful proceeding in which a jury makes a decision or findings of fact.

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Letter and spirit of the law

The letter of the law versus the spirit of the law is an idiomatic antithesis.

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Lysander Spooner

Lysander Spooner (January 19, 1808 – May 14, 1887) was an American political philosopher, essayist, pamphlet writer, Unitarian, abolitionist, legal theorist, and entrepreneur of the nineteenth century.

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Magna Carta

Magna Carta Libertatum (Medieval Latin for "the Great Charter of the Liberties"), commonly called Magna Carta (also Magna Charta; "Great Charter"), is a charter agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215.

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Microsoft

Microsoft Corporation (abbreviated as MS) is an American multinational technology company with headquarters in Redmond, Washington.

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Motion in limine

In U.S. law, a motion in limine ("at the start", literally, "on the threshold") is a motion, discussed outside the presence of the jury, to request that certain testimony be excluded.

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Nicholas Throckmorton

Sir Nicholas Throckmorton (or Throgmorton) (circa 1515/1516 – 12 February 1571) was an English diplomat and politician, who was an ambassador to France and played a key role in the relationship between Elizabeth I and Mary, Queen of Scots.

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Obiter dictum

Obiter dictum (usually used in the plural, obiter dicta) is Latin phrase meaning "by the way", that is, a remark in a judgment that is "said in passing".

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Official Secrets Act 1911

The Official Secrets Act 1911 (1 & 2 Geo 5 c 28) is an Act of the Parliament of the United Kingdom.

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Old Bailey

The Central Criminal Court of England and Wales, commonly referred to as the Old Bailey from the street on which it stands, is a court in London and one of a number of buildings housing the Crown Court.

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Oliver Cromwell

Oliver Cromwell (25 April 15993 September 1658) was an English military and political leader.

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Party (law)

A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law.

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Prejudice

Prejudice is an affective feeling towards a person or group member based solely on that person's group membership.

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Prohibition in the United States

Prohibition in the United States was a nationwide constitutional ban on the production, importation, transportation, and sale of alcoholic beverages from 1920 to 1933.

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Public interest

Public interest is "the welfare or well-being of the general public".

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Quakers

Quakers (or Friends) are members of a historically Christian group of religious movements formally known as the Religious Society of Friends or Friends Church.

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R v Latimer

R v Latimer, 1 SCR 3 was a decision by the Supreme Court of Canada in the controversial case of Robert Latimer, a Saskatchewan farmer convicted of murdering his disabled daughter Tracy Latimer.

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R v Morgentaler

R v Morgentaler, 1 SCR 30 was a decision of the Supreme Court of Canada which held that the abortion provision in the Criminal Code was unconstitutional because it violated a woman's right under section 7 of the Canadian Charter of Rights and Freedoms ("Charter") to security of person.

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Race (human categorization)

A race is a grouping of humans based on shared physical or social qualities into categories generally viewed as distinct by society.

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Royal Navy

The Royal Navy (RN) is the United Kingdom's naval warfare force.

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Scotland

Scotland (Alba) is a country that is part of the United Kingdom and covers the northern third of the island of Great Britain.

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Sedition

Sedition is overt conduct, such as speech and organization, that tends toward insurrection against the established order.

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Seditious libel

Sedition and seditious libel were criminal offences under English common law, and are still criminal offences in Canada.

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Self-governance

Self-governance, self-government, or autonomy, is an abstract concept that applies to several scales of organization.

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Sempronius H. Boyd

Sempronius Hamilton Boyd (May 28, 1828 – June 22, 1894) was a nineteenth-century politician, lawyer, judge and teacher from Missouri.

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Seven Bishops

The Seven Bishops of the Church of England were those imprisoned and tried for seditious libel related to their opposition to the second Declaration of Indulgence, issued by James II in 1688.

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Shadow defense

A shadow defense is a legal defense that cannot be sustained on its own merits but opens the door to introducing evidence that will assist in seeking jury nullification, and gives the jury an excuse to acquit.

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Shadrach Minkins

Shadrach Minkins (c. 1814 – December 13, 1875) was an African-American fugitive slave from Virginia who escaped in 1850 and reached Boston.

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Sparf v. United States

Sparf v. United States, 156 U.S. 51 (1895), or Sparf and Hansen v. United States,.

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Stealth juror

A stealth juror or rogue juror is a person who, motivated by a hidden agenda in reference to a legal case, attempts to be seated on the jury and to influence the outcome.

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Stettinius v. United States

Stettinius v. United States, 22 F. Cas. 1322 (C.C.D.C. 1839), was a decision of the United States Circuit Court of the District of Columbia that was handed down November, 1839.

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Supreme Court of Canada

The Supreme Court of Canada (Cour suprême du Canada) is the highest court of Canada, the final court of appeals in the Canadian justice system.

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Tam Dalyell

Tam Dalyell (born Thomas Dalyell Loch;; 9 August 1932 – 26 January 2017) was a Scottish Labour Party politician who was a member of the House of Commons from 1962 to 2005.

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Treason

In law, treason is the crime that covers some of the more extreme acts against one's nation or sovereign.

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Trespass

Trespass is an area of criminal law or tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land.

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Trial

In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes.

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Trier of fact

A trier of fact, or finder of fact, is a person, or group of persons, who determines facts in a legal proceeding, usually a trial.

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Twenty-first Amendment to the United States Constitution

The Twenty-first Amendment (Amendment XXI) to the United States Constitution repealed the Eighteenth Amendment to the United States Constitution, which had mandated nationwide Prohibition on alcohol on January 16, 1919.

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Ultimate fact

In law, the ultimate fact is the conclusion (or conclusions) of factual evidence made by a jury after deliberation.

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United States

The United States of America (USA), commonly known as the United States (U.S.) or America, is a federal republic composed of 50 states, a federal district, five major self-governing territories, and various possessions.

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United States Court of Appeals for the District of Columbia Circuit

The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia.

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United States Court of Appeals for the Fourth Circuit

The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts.

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United States Court of Appeals for the Ninth Circuit

The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is a U.S. Federal court with appellate jurisdiction over the district courts in the following districts.

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United States Court of Appeals for the Sixth Circuit

The United States Court of Appeals for the Sixth Circuit (in case citations, 6th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts.

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United States v. Dougherty

United States v. Dougherty, 473 F.2d 1113 (D.C. Cir. 1972) was a 1972 decision by the United States Court of Appeals for the District of Columbia in which the court ruled that members of the D.C. Nine, who had broken into Dow Chemical Company, vandalized office furniture and equipment, and spilled about a bloodlike substance, were not entitled to a new trial on the basis of the judge's failing to allow a jury nullification jury instruction.

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United States v. Fenwick

United States v. Fenwick, United States v. Fenwick, 25 F. Cas.

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University of Texas at Austin

The University of Texas at Austin (UT, UT Austin, or Texas) is a public research university and the flagship institution of the University of Texas System.

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Voir dire

Voir dire is a legal phrase for a variety of procedures connected with jury trials.

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Whig Party (United States)

The Whig Party was a political party active in the middle of the 19th century in the United States.

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Wild Bill Hickok

James Butler Hickok (May 27, 1837 – August 2, 1876), better known as "Wild Bill" Hickok, was a folk hero of the American Old West known for his work across the frontier as a drover, wagon master, soldier, spy, scout, lawman, gunfighter, gambler, showman, and actor.

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Wild Bill Hickok – Davis Tutt shootout

The Wild Bill Hickok – Davis Tutt shootout was a gunfight that occurred on July 21, 1865 in the town square of Springfield, Missouri between Wild Bill Hickok and gambler Davis Tutt.

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William Cranch

William Cranch (July 17, 1769 – September 1, 1855) was an American attorney and judge.

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William Mead (merchant)

William Mead (1628–1713) was a London merchant, and a prominent early Quaker, connected by marriage to George Fox.

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William Murray, 1st Earl of Mansfield

William Murray, 1st Earl of Mansfield, PC, SL (2 March 1705 – 20 March 1793) was a British barrister, politician and judge noted for his reform of English law.

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William Penn

William Penn (14 October 1644 – 30 July 1718) was the son of Sir William Penn, and was an English real estate entrepreneur, philosopher, early Quaker, and founder of the English North American colony the Province of Pennsylvania.

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Writ of attaint

A writ of attaint is an obsolete writ in English law, issued to inquire whether a jury had given a false verdict in a trial.

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Fully Informed Jury Amendment, Jury Nullification, Jury annulment, Jury elimination, Jury nullifcation, Jury pardon, Jury veto, Jury+nullification, Perverse verdict, Rogue jury.

References

[1] https://en.wikipedia.org/wiki/Jury_nullification

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