Answers to ‘You Decide’ Questions

8.1: I agree with Butler regarding “jury nullification”. While the idea that jurors are expected not to look at the facts of the case but rather to insert their own thoughts suggests promotion of injustice, the criminal legal system is already rather unjust. When we have ample evidence of disproportionate incarceration of people of color and no remedy to the problem, perhaps until one is created, jury nullification can be justified as a substitute.

8.2: There are many things that contributed to the possibly wrongful conviction of Mr. Willingham. While juries are supposed to be impartial in their decision making process, during the trial they were exposed to things that could have clouded their judgment -the testimony of another convict who claimed that the defendant confessed to the crime. Not only may have this swayed the jury’s opinions, it should also not be practiced due to the fact that other convicts might have an incentive to lie about having knowledge pertaining to active cases so that they can reap benefit. Similarly, expert witnesses who have been discredited from their profession should not be allowed to testify in court.

8.3: As a judge I would impose the harshest punishment on these two individuals. They should be given prison time as well as being disbarred and prohibited from practicing law in the future.