Jury Nullification Within the Rule of Law

Minnesota Law Review

Volumn 81, Issue 5, 1997, Pages 1149-

  Brown, Darryl K ^a  

^a NONE

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EID: 0042731170     PISSN: 00265535     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (12)

1. See, e.g., JEFFREY ABRAMSON, WE, THE JURY (1994) (examining the role of the jury as providers of "common sense" to the trial system); NORMAN J. FINKEL, COMMONSENSE JUSTICE: JURORS' NOTIONS OF THE LAW (1995) (discussing the role of the jury in the legal system); Darryl K. Brown, The Role of Race in Jury Impartiality and Venue Transfers, 53 MD. L. REV. 107 (1994) (discussing the overlap and conflict between venue and jury "representativeness"); Laurie L. Levenson, Change of Venue and the Role of the Criminal Jury, 66 S. CAL. L. REV. 1533 (1993) (discussing the effect of a change of venue in selecting a jury); Andrew D. Leipold, Rethinking Jury Nullification, 82 VA. L. REV. 253 (1996) (examining the role, costs and benefits of jury nullification); Colleen P. Murphy, Integrating the Constitutional Authority of Civil and Criminal Juries, 61 GEO. WASH. L. REV. 723 (1993) (suggesting a theory of jury authority under the Constitution); Anne Bowen Poulin, The Jury: The Criminal Justice System's Different Voice, 62 U. CIN. L. REV. 1377 (1994) (discussing the role of the jury in providing a human voice to counteract the rigid rationality of law); Symposium, 47 HASTINGS L.J. 1249 (1996) (a jury symposium); cf. Laura Gaston Dooley, Our Juries, Our Selves: The Power, Perception and Politics of the Civil Jury, 80 CORNELL L. REV. 325 (1995) (focusing on civil jury). For legislative interest in the jury, see infra note 2. For popular commentary, see Jury Nullification, N.J.L.J., Jan. 22, 1996, at 26 (editorial against nullification); Matthew J. Moran, Ensuring Verdicts Based on Law, CHI. DAILY L. BULL., Mar. 18, 1996, at 6 (retired judge criticizing nullification by urging retrial if a judge finds that jury did not follow instructions). In recent years, several high-profile trials have been subject to wide- spread media coverage, these include the acquittals of Washington, D.C. Mayor Marion Barry, the Los Angeles police officers who beat Rodney King, and O.J. Simpson. See GEORGE P. FLETCHER, WITH JUSTICE FOR SOME: VICTIMS' RIGHTS IN CRIMINAL TRIALS (1995) (discussing several well- publicized trials including, in addition to those just listed, Dan White's man- slaughter conviction for killing San Francisco Mayor George Moscone and Supervisor Harvey Milk; El Sayyid Nosair's trial for the murder of Rabbi Meir
2. See, e.g., JEFFREY ABRAMSON, WE, THE JURY (1994) (examining the role of the jury as providers of "common sense" to the trial system); NORMAN J. FINKEL, COMMONSENSE JUSTICE: JURORS' NOTIONS OF THE LAW (1995) (discussing the role of the jury in the legal system); Darryl K. Brown, The Role of Race in Jury Impartiality and Venue Transfers, 53 MD. L. REV. 107 (1994) (discussing the overlap and conflict between venue and jury "representativeness"); Laurie L. Levenson, Change of Venue and the Role of the Criminal Jury, 66 S. CAL. L. REV. 1533 (1993) (discussing the effect of a change of venue in selecting a jury); Andrew D. Leipold, Rethinking Jury Nullification, 82 VA. L. REV. 253 (1996) (examining the role, costs and benefits of jury nullification); Colleen P. Murphy, Integrating the Constitutional Authority of Civil and Criminal Juries, 61 GEO. WASH. L. REV. 723 (1993) (suggesting a theory of jury authority under the Constitution); Anne Bowen Poulin, The Jury: The Criminal Justice System's Different Voice, 62 U. CIN. L. REV. 1377 (1994) (discussing the role of the jury in providing a human voice to counteract the rigid rationality of law); Symposium, 47 HASTINGS L.J. 1249 (1996) (a jury symposium); cf. Laura Gaston Dooley, Our Juries, Our Selves: The Power, Perception and Politics of the Civil Jury, 80 CORNELL L. REV. 325 (1995) (focusing on civil jury). For legislative interest in the jury, see infra note 2. For popular commentary, see Jury Nullification, N.J.L.J., Jan. 22, 1996, at 26 (editorial against nullification); Matthew J. Moran, Ensuring Verdicts Based on Law, CHI. DAILY L. BULL., Mar. 18, 1996, at 6 (retired judge criticizing nullification by urging retrial if a judge finds that jury did not follow instructions). In recent years, several high-profile trials have been subject to wide- spread media coverage, these include the acquittals of Washington, D.C. Mayor Marion Barry, the Los Angeles police officers who beat Rodney King, and O.J. Simpson. See GEORGE P. FLETCHER, WITH JUSTICE FOR SOME: VICTIMS' RIGHTS IN CRIMINAL TRIALS (1995) (discussing several well- publicized trials including, in addition to those just listed, Dan White's man- slaughter conviction for killing San Francisco Mayor George Moscone and Supervisor Harvey Milk; El Sayyid Nosair's trial for the murder of Rabbi Meir
3. See, e.g., JEFFREY ABRAMSON, WE, THE JURY (1994) (examining the role of the jury as providers of "common sense" to the trial system); NORMAN J. FINKEL, COMMONSENSE JUSTICE: JURORS' NOTIONS OF THE LAW (1995) (discussing the role of the jury in the legal system); Darryl K. Brown, The Role of Race in Jury Impartiality and Venue Transfers, 53 MD. L. REV. 107 (1994) (discussing the overlap and conflict between venue and jury "representativeness"); Laurie L. Levenson, Change of Venue and the Role of the Criminal Jury, 66 S. CAL. L. REV. 1533 (1993) (discussing the effect of a change of venue in selecting a jury); Andrew D. Leipold, Rethinking Jury Nullification, 82 VA. L. REV. 253 (1996) (examining the role, costs and benefits of jury nullification); Colleen P. Murphy, Integrating the Constitutional Authority of Civil and Criminal Juries, 61 GEO. WASH. L. REV. 723 (1993) (suggesting a theory of jury authority under the Constitution); Anne Bowen Poulin, The Jury: The Criminal Justice System's Different Voice, 62 U. CIN. L. REV. 1377 (1994) (discussing the role of the jury in providing a human voice to counteract the rigid rationality of law); Symposium, 47 HASTINGS L.J. 1249 (1996) (a jury symposium); cf. Laura Gaston Dooley, Our Juries, Our Selves: The Power, Perception and Politics of the Civil Jury, 80 CORNELL L. REV. 325 (1995) (focusing on civil jury). For legislative interest in the jury, see infra note 2. For popular commentary, see Jury Nullification, N.J.L.J., Jan. 22, 1996, at 26 (editorial against nullification); Matthew J. Moran, Ensuring Verdicts Based on Law, CHI. DAILY L. BULL., Mar. 18, 1996, at 6 (retired judge criticizing nullification by urging retrial if a judge finds that jury did not follow instructions). In recent years, several high-profile trials have been subject to wide- spread media coverage, these include the acquittals of Washington, D.C. Mayor Marion Barry, the Los Angeles police officers who beat Rodney King, and O.J. Simpson. See GEORGE P. FLETCHER, WITH JUSTICE FOR SOME: VICTIMS' RIGHTS IN CRIMINAL TRIALS (1995) (discussing several well- publicized trials including, in addition to those just listed, Dan White's man- slaughter conviction for killing San Francisco Mayor George Moscone and Supervisor Harvey Milk; El Sayyid Nosair's trial for the murder of Rabbi Meir
4. See, e.g., JEFFREY ABRAMSON, WE, THE JURY (1994) (examining the role of the jury as providers of "common sense" to the trial system); NORMAN J. FINKEL, COMMONSENSE JUSTICE: JURORS' NOTIONS OF THE LAW (1995) (discussing the role of the jury in the legal system); Darryl K. Brown, The Role of Race in Jury Impartiality and Venue Transfers, 53 MD. L. REV. 107 (1994) (discussing the overlap and conflict between venue and jury "representativeness"); Laurie L. Levenson, Change of Venue and the Role of the Criminal Jury, 66 S. CAL. L. REV. 1533 (1993) (discussing the effect of a change of venue in selecting a jury); Andrew D. Leipold, Rethinking Jury Nullification, 82 VA. L. REV. 253 (1996) (examining the role, costs and benefits of jury nullification); Colleen P. Murphy, Integrating the Constitutional Authority of Civil and Criminal Juries, 61 GEO. WASH. L. REV. 723 (1993) (suggesting a theory of jury authority under the Constitution); Anne Bowen Poulin, The Jury: The Criminal Justice System's Different Voice, 62 U. CIN. L. REV. 1377 (1994) (discussing the role of the jury in providing a human voice to counteract the rigid rationality of law); Symposium, 47 HASTINGS L.J. 1249 (1996) (a jury symposium); cf. Laura Gaston Dooley, Our Juries, Our Selves: The Power, Perception and Politics of the Civil Jury, 80 CORNELL L. REV. 325 (1995) (focusing on civil jury). For legislative interest in the jury, see infra note 2. For popular commentary, see Jury Nullification, N.J.L.J., Jan. 22, 1996, at 26 (editorial against nullification); Matthew J. Moran, Ensuring Verdicts Based on Law, CHI. DAILY L. BULL., Mar. 18, 1996, at 6 (retired judge criticizing nullification by urging retrial if a judge finds that jury did not follow instructions). In recent years, several high-profile trials have been subject to wide- spread media coverage, these include the acquittals of Washington, D.C. Mayor Marion Barry, the Los Angeles police officers who beat Rodney King, and O.J. Simpson. See GEORGE P. FLETCHER, WITH JUSTICE FOR SOME: VICTIMS' RIGHTS IN CRIMINAL TRIALS (1995) (discussing several well- publicized trials including, in addition to those just listed, Dan White's man- slaughter conviction for killing San Francisco Mayor George Moscone and Supervisor Harvey Milk; El Sayyid Nosair's trial for the murder of Rabbi Meir
5. See, e.g., JEFFREY ABRAMSON, WE, THE JURY (1994) (examining the role of the jury as providers of "common sense" to the trial system); NORMAN J. FINKEL, COMMONSENSE JUSTICE: JURORS' NOTIONS OF THE LAW (1995) (discussing the role of the jury in the legal system); Darryl K. Brown, The Role of Race in Jury Impartiality and Venue Transfers, 53 MD. L. REV. 107 (1994) (discussing the overlap and conflict between venue and jury "representativeness"); Laurie L. Levenson, Change of Venue and the Role of the Criminal Jury, 66 S. CAL. L. REV. 1533 (1993) (discussing the effect of a change of venue in selecting a jury); Andrew D. Leipold, Rethinking Jury Nullification, 82 VA. L. REV. 253 (1996) (examining the role, costs and benefits of jury nullification); Colleen P. Murphy, Integrating the Constitutional Authority of Civil and Criminal Juries, 61 GEO. WASH. L. REV. 723 (1993) (suggesting a theory of jury authority under the Constitution); Anne Bowen Poulin, The Jury: The Criminal Justice System's Different Voice, 62 U. CIN. L. REV. 1377 (1994) (discussing the role of the jury in providing a human voice to counteract the rigid rationality of law); Symposium, 47 HASTINGS L.J. 1249 (1996) (a jury symposium); cf. Laura Gaston Dooley, Our Juries, Our Selves: The Power, Perception and Politics of the Civil Jury, 80 CORNELL L. REV. 325 (1995) (focusing on civil jury). For legislative interest in the jury, see infra note 2. For popular commentary, see Jury Nullification, N.J.L.J., Jan. 22, 1996, at 26 (editorial against nullification); Matthew J. Moran, Ensuring Verdicts Based on Law, CHI. DAILY L. BULL., Mar. 18, 1996, at 6 (retired judge criticizing nullification by urging retrial if a judge finds that jury did not follow instructions). In recent years, several high-profile trials have been subject to wide- spread media coverage, these include the acquittals of Washington, D.C. Mayor Marion Barry, the Los Angeles police officers who beat Rodney King, and O.J. Simpson. See GEORGE P. FLETCHER, WITH JUSTICE FOR SOME: VICTIMS' RIGHTS IN CRIMINAL TRIALS (1995) (discussing several well- publicized trials including, in addition to those just listed, Dan White's man- slaughter conviction for killing San Francisco Mayor George Moscone and Supervisor Harvey Milk; El Sayyid Nosair's trial for the murder of Rabbi Meir
6. See, e.g., JEFFREY ABRAMSON, WE, THE JURY (1994) (examining the role of the jury as providers of "common sense" to the trial system); NORMAN J. FINKEL, COMMONSENSE JUSTICE: JURORS' NOTIONS OF THE LAW (1995) (discussing the role of the jury in the legal system); Darryl K. Brown, The Role of Race in Jury Impartiality and Venue Transfers, 53 MD. L. REV. 107 (1994) (discussing the overlap and conflict between venue and jury "representativeness"); Laurie L. Levenson, Change of Venue and the Role of the Criminal Jury, 66 S. CAL. L. REV. 1533 (1993) (discussing the effect of a change of venue in selecting a jury); Andrew D. Leipold, Rethinking Jury Nullification, 82 VA. L. REV. 253 (1996) (examining the role, costs and benefits of jury nullification); Colleen P. Murphy, Integrating the Constitutional Authority of Civil and Criminal Juries, 61 GEO. WASH. L. REV. 723 (1993) (suggesting a theory of jury authority under the Constitution); Anne Bowen Poulin, The Jury: The Criminal Justice System's Different Voice, 62 U. CIN. L. REV. 1377 (1994) (discussing the role of the jury in providing a human voice to counteract the rigid rationality of law); Symposium, 47 HASTINGS L.J. 1249 (1996) (a jury symposium); cf. Laura Gaston Dooley, Our Juries, Our Selves: The Power, Perception and Politics of the Civil Jury, 80 CORNELL L. REV. 325 (1995) (focusing on civil jury). For legislative interest in the jury, see infra note 2. For popular commentary, see Jury Nullification, N.J.L.J., Jan. 22, 1996, at 26 (editorial against nullification); Matthew J. Moran, Ensuring Verdicts Based on Law, CHI. DAILY L. BULL., Mar. 18, 1996, at 6 (retired judge criticizing nullification by urging retrial if a judge finds that jury did not follow instructions). In recent years, several high-profile trials have been subject to wide- spread media coverage, these include the acquittals of Washington, D.C. Mayor Marion Barry, the Los Angeles police officers who beat Rodney King, and O.J. Simpson. See GEORGE P. FLETCHER, WITH JUSTICE FOR SOME: VICTIMS' RIGHTS IN CRIMINAL TRIALS (1995) (discussing several well- publicized trials including, in addition to those just listed, Dan White's man- slaughter conviction for killing San Francisco Mayor George Moscone and Supervisor Harvey Milk; El Sayyid Nosair's trial for the murder of Rabbi Meir
7. See, e.g., JEFFREY ABRAMSON, WE, THE JURY (1994) (examining the role of the jury as providers of "common sense" to the trial system); NORMAN J. FINKEL, COMMONSENSE JUSTICE: JURORS' NOTIONS OF THE LAW (1995) (discussing the role of the jury in the legal system); Darryl K. Brown, The Role of Race in Jury Impartiality and Venue Transfers, 53 MD. L. REV. 107 (1994) (discussing the overlap and conflict between venue and jury "representativeness"); Laurie L. Levenson, Change of Venue and the Role of the Criminal Jury, 66 S. CAL. L. REV. 1533 (1993) (discussing the effect of a change of venue in selecting a jury); Andrew D. Leipold, Rethinking Jury Nullification, 82 VA. L. REV. 253 (1996) (examining the role, costs and benefits of jury nullification); Colleen P. Murphy, Integrating the Constitutional Authority of Civil and Criminal Juries, 61 GEO. WASH. L. REV. 723 (1993) (suggesting a theory of jury authority under the Constitution); Anne Bowen Poulin, The Jury: The Criminal Justice System's Different Voice, 62 U. CIN. L. REV. 1377 (1994) (discussing the role of the jury in providing a human voice to counteract the rigid rationality of law); Symposium, 47 HASTINGS L.J. 1249 (1996) (a jury symposium); cf. Laura Gaston Dooley, Our Juries, Our Selves: The Power, Perception and Politics of the Civil Jury, 80 CORNELL L. REV. 325 (1995) (focusing on civil jury). For legislative interest in the jury, see infra note 2. For popular commentary, see Jury Nullification, N.J.L.J., Jan. 22, 1996, at 26 (editorial against nullification); Matthew J. Moran, Ensuring Verdicts Based on Law, CHI. DAILY L. BULL., Mar. 18, 1996, at 6 (retired judge criticizing nullification by urging retrial if a judge finds that jury did not follow instructions). In recent years, several high-profile trials have been subject to wide- spread media coverage, these include the acquittals of Washington, D.C. Mayor Marion Barry, the Los Angeles police officers who beat Rodney King, and O.J. Simpson. See GEORGE P. FLETCHER, WITH JUSTICE FOR SOME: VICTIMS' RIGHTS IN CRIMINAL TRIALS (1995) (discussing several well- publicized trials including, in addition to those just listed, Dan White's man- slaughter conviction for killing San Francisco Mayor George Moscone and Supervisor Harvey Milk; El Sayyid Nosair's trial for the murder of Rabbi Meir
8. See, e.g., JEFFREY ABRAMSON, WE, THE JURY (1994) (examining the role of the jury as providers of "common sense" to the trial system); NORMAN J. FINKEL, COMMONSENSE JUSTICE: JURORS' NOTIONS OF THE LAW (1995) (discussing the role of the jury in the legal system); Darryl K. Brown, The Role of Race in Jury Impartiality and Venue Transfers, 53 MD. L. REV. 107 (1994) (discussing the overlap and conflict between venue and jury "representativeness"); Laurie L. Levenson, Change of Venue and the Role of the Criminal Jury, 66 S. CAL. L. REV. 1533 (1993) (discussing the effect of a change of venue in selecting a jury); Andrew D. Leipold, Rethinking Jury Nullification, 82 VA. L. REV. 253 (1996) (examining the role, costs and benefits of jury nullification); Colleen P. Murphy, Integrating the Constitutional Authority of Civil and Criminal Juries, 61 GEO. WASH. L. REV. 723 (1993) (suggesting a theory of jury authority under the Constitution); Anne Bowen Poulin, The Jury: The Criminal Justice System's Different Voice, 62 U. CIN. L. REV. 1377 (1994) (discussing the role of the jury in providing a human voice to counteract the rigid rationality of law); Symposium, 47 HASTINGS L.J. 1249 (1996) (a jury symposium); cf. Laura Gaston Dooley, Our Juries, Our Selves: The Power, Perception and Politics of the Civil Jury, 80 CORNELL L. REV. 325 (1995) (focusing on civil jury). For legislative interest in the jury, see infra note 2. For popular commentary, see Jury Nullification, N.J.L.J., Jan. 22, 1996, at 26 (editorial against nullification); Matthew J. Moran, Ensuring Verdicts Based on Law, CHI. DAILY L. BULL., Mar. 18, 1996, at 6 (retired judge criticizing nullification by urging retrial if a judge finds that jury did not follow instructions). In recent years, several high-profile trials have been subject to wide- spread media coverage, these include the acquittals of Washington, D.C. Mayor Marion Barry, the Los Angeles police officers who beat Rodney King, and O.J. Simpson. See GEORGE P. FLETCHER, WITH JUSTICE FOR SOME: VICTIMS' RIGHTS IN CRIMINAL TRIALS (1995) (discussing several well- publicized trials including, in addition to those just listed, Dan White's man- slaughter conviction for killing San Francisco Mayor George Moscone and Supervisor Harvey Milk; El Sayyid Nosair's trial for the murder of Rabbi Meir
9. See, e.g., JEFFREY ABRAMSON, WE, THE JURY (1994) (examining the role of the jury as providers of "common sense" to the trial system); NORMAN J. FINKEL, COMMONSENSE JUSTICE: JURORS' NOTIONS OF THE LAW (1995) (discussing the role of the jury in the legal system); Darryl K. Brown, The Role of Race in Jury Impartiality and Venue Transfers, 53 MD. L. REV. 107 (1994) (discussing the overlap and conflict between venue and jury "representativeness"); Laurie L. Levenson, Change of Venue and the Role of the Criminal Jury, 66 S. CAL. L. REV. 1533 (1993) (discussing the effect of a change of venue in selecting a jury); Andrew D. Leipold, Rethinking Jury Nullification, 82 VA. L. REV. 253 (1996) (examining the role, costs and benefits of jury nullification); Colleen P. Murphy, Integrating the Constitutional Authority of Civil and Criminal Juries, 61 GEO. WASH. L. REV. 723 (1993) (suggesting a theory of jury authority under the Constitution); Anne Bowen Poulin, The Jury: The Criminal Justice System's Different Voice, 62 U. CIN. L. REV. 1377 (1994) (discussing the role of the jury in providing a human voice to counteract the rigid rationality of law); Symposium, 47 HASTINGS L.J. 1249 (1996) (a jury symposium); cf. Laura Gaston Dooley, Our Juries, Our Selves: The Power, Perception and Politics of the Civil Jury, 80 CORNELL L. REV. 325 (1995) (focusing on civil jury). For legislative interest in the jury, see infra note 2. For popular commentary, see Jury Nullification, N.J.L.J., Jan. 22, 1996, at 26 (editorial against nullification); Matthew J. Moran, Ensuring Verdicts Based on Law, CHI. DAILY L. BULL., Mar. 18, 1996, at 6 (retired judge criticizing nullification by urging retrial if a judge finds that jury did not follow instructions). In recent years, several high-profile trials have been subject to wide- spread media coverage, these include the acquittals of Washington, D.C. Mayor Marion Barry, the Los Angeles police officers who beat Rodney King, and O.J. Simpson. See GEORGE P. FLETCHER, WITH JUSTICE FOR SOME: VICTIMS' RIGHTS IN CRIMINAL TRIALS (1995) (discussing several well- publicized trials including, in addition to those just listed, Dan White's man- slaughter conviction for killing San Francisco Mayor George Moscone and Supervisor Harvey Milk; El Sayyid Nosair's trial for the murder of Rabbi Meir
10. See, e.g., JEFFREY ABRAMSON, WE, THE JURY (1994) (examining the role of the jury as providers of "common sense" to the trial system); NORMAN J. FINKEL, COMMONSENSE JUSTICE: JURORS' NOTIONS OF THE LAW (1995) (discussing the role of the jury in the legal system); Darryl K. Brown, The Role of Race in Jury Impartiality and Venue Transfers, 53 MD. L. REV. 107 (1994) (discussing the overlap and conflict between venue and jury "representativeness"); Laurie L. Levenson, Change of Venue and the Role of the Criminal Jury, 66 S. CAL. L. REV. 1533 (1993) (discussing the effect of a change of venue in selecting a jury); Andrew D. Leipold, Rethinking Jury Nullification, 82 VA. L. REV. 253 (1996) (examining the role, costs and benefits of jury nullification); Colleen P. Murphy, Integrating the Constitutional Authority of Civil and Criminal Juries, 61 GEO. WASH. L. REV. 723 (1993) (suggesting a theory of jury authority under the Constitution); Anne Bowen Poulin, The Jury: The Criminal Justice System's Different Voice, 62 U. CIN. L. REV. 1377 (1994) (discussing the role of the jury in providing a human voice to counteract the rigid rationality of law); Symposium, 47 HASTINGS L.J. 1249 (1996) (a jury symposium); cf. Laura Gaston Dooley, Our Juries, Our Selves: The Power, Perception and Politics of the Civil Jury, 80 CORNELL L. REV. 325 (1995) (focusing on civil jury). For legislative interest in the jury, see infra note 2. For popular commentary, see Jury Nullification, N.J.L.J., Jan. 22, 1996, at 26 (editorial against nullification); Matthew J. Moran, Ensuring Verdicts Based on Law, CHI. DAILY L. BULL., Mar. 18, 1996, at 6 (retired judge criticizing nullification by urging retrial if a judge finds that jury did not follow instructions). In recent years, several high-profile trials have been subject to wide- spread media coverage, these include the acquittals of Washington, D.C. Mayor Marion Barry, the Los Angeles police officers who beat Rodney King, and O.J. Simpson. See GEORGE P. FLETCHER, WITH JUSTICE FOR SOME: VICTIMS' RIGHTS IN CRIMINAL TRIALS (1995) (discussing several well- publicized trials including, in addition to those just listed, Dan White's man- slaughter conviction for killing San Francisco Mayor George Moscone and Supervisor Harvey Milk; El Sayyid Nosair's trial for the murder of Rabbi Meir
11. See, e.g., JEFFREY ABRAMSON, WE, THE JURY (1994) (examining the role of the jury as providers of "common sense" to the trial system); NORMAN J. FINKEL, COMMONSENSE JUSTICE: JURORS' NOTIONS OF THE LAW (1995) (discussing the role of the jury in the legal system); Darryl K. Brown, The Role of Race in Jury Impartiality and Venue Transfers, 53 MD. L. REV. 107 (1994) (discussing the overlap and conflict between venue and jury "representativeness"); Laurie L. Levenson, Change of Venue and the Role of the Criminal Jury, 66 S. CAL. L. REV. 1533 (1993) (discussing the effect of a change of venue in selecting a jury); Andrew D. Leipold, Rethinking Jury Nullification, 82 VA. L. REV. 253 (1996) (examining the role, costs and benefits of jury nullification); Colleen P. Murphy, Integrating the Constitutional Authority of Civil and Criminal Juries, 61 GEO. WASH. L. REV. 723 (1993) (suggesting a theory of jury authority under the Constitution); Anne Bowen Poulin, The Jury: The Criminal Justice System's Different Voice, 62 U. CIN. L. REV. 1377 (1994) (discussing the role of the jury in providing a human voice to counteract the rigid rationality of law); Symposium, 47 HASTINGS L.J. 1249 (1996) (a jury symposium); cf. Laura Gaston Dooley, Our Juries, Our Selves: The Power, Perception and Politics of the Civil Jury, 80 CORNELL L. REV. 325 (1995) (focusing on civil jury). For legislative interest in the jury, see infra note 2. For popular commentary, see Jury Nullification, N.J.L.J., Jan. 22, 1996, at 26 (editorial against nullification); Matthew J. Moran, Ensuring Verdicts Based on Law, CHI. DAILY L. BULL., Mar. 18, 1996, at 6 (retired judge criticizing nullification by urging retrial if a judge finds that jury did not follow instructions). In recent years, several high-profile trials have been subject to wide- spread media coverage, these include the acquittals of Washington, D.C. Mayor Marion Barry, the Los Angeles police officers who beat Rodney King, and O.J. Simpson. See GEORGE P. FLETCHER, WITH JUSTICE FOR SOME: VICTIMS' RIGHTS IN CRIMINAL TRIALS (1995) (discussing several well- publicized trials including, in addition to those just listed, Dan White's man- slaughter conviction for killing San Francisco Mayor George Moscone and Supervisor Harvey Milk; El Sayyid Nosair's trial for the murder of Rabbi Meir
12. See, e.g., JEFFREY ABRAMSON, WE, THE JURY (1994) (examining the role of the jury as providers of "common sense" to the trial system); NORMAN J. FINKEL, COMMONSENSE JUSTICE: JURORS' NOTIONS OF THE LAW (1995) (discussing the role of the jury in the legal system); Darryl K. Brown, The Role of Race in Jury Impartiality and Venue Transfers, 53 MD. L. REV. 107 (1994) (discussing the overlap and conflict between venue and jury "representativeness"); Laurie L. Levenson, Change of Venue and the Role of the Criminal Jury, 66 S. CAL. L. REV. 1533 (1993) (discussing the effect of a change of venue in selecting a jury); Andrew D. Leipold, Rethinking Jury Nullification, 82 VA. L. REV. 253 (1996) (examining the role, costs and benefits of jury nullification); Colleen P. Murphy, Integrating the Constitutional Authority of Civil and Criminal Juries, 61 GEO. WASH. L. REV. 723 (1993) (suggesting a theory of jury authority under the Constitution); Anne Bowen Poulin, The Jury: The Criminal Justice System's Different Voice, 62 U. CIN. L. REV. 1377 (1994) (discussing the role of the jury in providing a human voice to counteract the rigid rationality of law); Symposium, 47 HASTINGS L.J. 1249 (1996) (a jury symposium); cf. Laura Gaston Dooley, Our Juries, Our Selves: The Power, Perception and Politics of the Civil Jury, 80 CORNELL L. REV. 325 (1995) (focusing on civil jury). For legislative interest in the jury, see infra note 2. For popular commentary, see Jury Nullification, N.J.L.J., Jan. 22, 1996, at 26 (editorial against nullification); Matthew J. Moran, Ensuring Verdicts Based on Law, CHI. DAILY L. BULL., Mar. 18, 1996, at 6 (retired judge criticizing nullification by urging retrial if a judge finds that jury did not follow instructions). In recent years, several high-profile trials have been subject to wide-spread media coverage, these include the acquittals of Washington, D.C. Mayor Marion Barry, the Los Angeles police officers who beat Rodney King, and O.J. Simpson. See GEORGE P. FLETCHER, WITH JUSTICE FOR SOME: VICTIMS' RIGHTS IN CRIMINAL TRIALS (1995) (discussing several well-publicized trials including, in addition to those just listed, Dan White's man-slaughter conviction for killing San Francisco Mayor George Moscone and Supervisor Harvey Milk; El Sayyid Nosair's trial for the murder of Rabbi Meir