Bartol and Bartol write define jnull,
“Jury nullification is the power of a criminal trial jury to disregard
evidence or judicial instructions because they believe the law is wrong,
nonsensical, or misapplied to a particular case.”
The resolution questions “a” legitimate check, not “the” legitimate check thus alternatives
that solve the AC do not negate insofar as jury nullification could be used in that
situation. For instance, we wouldn’t say legislatures were unnecessary even if the
President could make the correct choice on every decision. If jury nullification is ever
needed you affirm else there would be no check on government in that instance, allowing
for infinite abuse.
Indicts to jurors in general are non-unique because they still exist in a normal jury trial.
Further, the negative must show inherent reasons why jury nullification is unjust.
addition, proving that an actor is illegitimate does not mean that any given action is
IE, people would say that pedophiles are bad, but if a pedophile saves
someone we would not label that action as unjust, as such indicts to jury nullification
must pertain to the action, not the actor.
I value governmental legitimacy. Olli Lagerpetz writes,
“The idea of political legitimacy implies that the individual,
in some sense,
decisions made by the State
(or another relevant political body)
as expressions of her own will.
That is, in some sense
they express concerns shared by her even in the cases where
specific decisions go against her personal views”.
Legitimacy must not exist in a vacuum since conceptions of what constitutes legitimacy
are evaluated contextually. For instance, while North Korean communists may consider
democracy illegitimate, most Americans do not. American policies are centered on
contestation due to a history of representative democracy and because citizens legitimize
it by participating in elections and recourse to the government. Contextual evaluation
must entail contestation because people being able to influence that evaluation is key to it
existing in the first place. Allowing citizens to influence policies precedes any notion of a
Psychology and Law: Theory, Research, and Application, Third edition, Curt R. Bartol & Anne. M.