Saturday, August 24, 2013

Jury Nullification: Basic Reading

  • Abramson, Jeffrey. We, the Jury: The Jury System and the Ideal of Democracy (Harvard University Press, 2000 ed.). 
  • Butler, Paul. “Racially-Based Jury Nullification: Black Power in the Criminal Justice System,” Yale Law Journal 105 (1995): 677-725. 
  • Carroll, Jenny E. “Nullification as Law,” (December 17, 2012) Georgetown Law Journal, Vol. 102, 2014; Seton Hall Public Law Research Paper No. 2190703. Available:
  • Conrad, Clay S. Jury Nullification: The Evolution of a Doctrine. Durham, NC: Carolina Academic Press, 1998.
  • Dwyer, William L. In The Hands of The People (St. Martin’s Press, 2002). 
  • Green, Thomas Andrew. Verdict According to Conscience: Perspectives on the English Criminal Trial Jury, 1200-1800 (University of Chicago Press, 1985). 
  • Horowitz, Irwin A. “Jury Nullification: An Empirical Perspective,” Northern  Illinois University Law Review, Vol. 28 (2007-08): 425-452. 
  • Mortimer R. and Sanford H. Kadish, Discretion to Disobey: A Study of Lawful Departures from Legal Rules (Quid Pro Books, 2010, originally Stanford University Press, 1973). 
  • Scheflin, Alan and Jon Van Dyke, “Jury Nullification: The Contours of a Controversy,” Law and Contemporary Problems, Vol. 43, No. 4 (1980): 51-115. 
  • Wenger, Kaimipono David and David A. Hoffman. “Nullificatory Juries,” Wisconsin Law Review (2003): 1115-1161. Available:
Conspicuous Omissions?


Anonymous Clay S. Conrad said...

Well, I can think of ONE obvious omission... what did I do to hurt your feelings, Patrick???

8/25/2013 4:19 PM  
Anonymous clay s. conrad said...

I can think of one obvious omission... did I do something to hurt your feelings, Patrick???

8/25/2013 4:20 PM  
Blogger Patrick S. O'Donnell said...

My "feelings" have nothing whatsoever to do with the composition of this list: what an odd manner in which to inform me that I missed something, the possibility for which being the main reason I asked the question at the bottom of the post. As I am only now exploring the literature, I shared what I have come across, and so I had yet to come across your book (or frequent references to it for that matter). I'll be happy to add it however, but rest assured the reasons for omission were perfectly innocent and the subject of "hurt feelings" absolutely irrelevant.

8/26/2013 7:12 AM  

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