Title

A Norms Approach to Jury "Nullification"

Authors

Joseph Sanders

Abstract

The paper synthesizes economic and sociological approaches to norms to explain the circumstance under which juries are most likely to substitute their own rules and criteria for that of the law when deciding a case. It concludes that this type of “nullification” is most likely to occur when substantive societal value norms embedded in scripts are contrary to legal rules.

Disciplines

Comparative and Foreign Law | Law and Society

Date of this Version

March 2006