As others in this thread point out, this is not nullification. Nullification is a different thing and grand juries cannot do it.
As others in this thread point out, this is not nullification. Nullification is a different thing and grand juries cannot do it.
> Nullification is a different thing and grand juries cannot do it.
It might not fit the textbook definition of jury nullification, but it would absolutely fit the spirit of the definition.
If the prosecution presents nearly irrefutable proof that the Ohio man destroyed the camera (Which from what I've heard is the case), but the grand jury declined to indict anyway because they're vehemently against Flock cameras and want to stick it to the government, then as far as I'm concerned, that's nullification.
It doesn’t fit the spirit, because it doesn’t have the legal qualities of nullification. In particular, the prosecutor can choose to empanel a new grand jury and seek a new indictment on the exact same charge.
That's a technical distinction over which the original jurors have no control. I think the scenario described in GP exactly meets the spirit of nullification.
The entire point is that they have no control! That’s what makes it not nullification.
Why can't grand juries do it? I thought that it's when juries intentionally rule against what the law says, while saying otherwise, as a consequence of juries not being able to be penalized for their ruling. I don't seen any reason that the same can't happen with a grand jury.
A web search comes up with articles saying that it's more common with non-grand juries, but that's not the same as "cannot do it", while they also speak about a prosecutor's ability to re-indict, but that still doesn't guarantee them a charge.
Nullification is based on a contradiction in terms: juries cannot be punished for the judgments they render, and prosecutors may not re-try a case to obtain their preferred outcome (“double jeopardy”).
With a grand jury, the second term doesn’t apply: the grand jury’s decision doesn’t prevent a second indictment.
So in other words: grand juries can choose to render “faithless” decisions, but they can’t nullify a case in the sense that matters.
It may have to do with the state of accusations. Pre-grand jury there is no evidence of a crime. Once a grand jury rules with the prosecutor a crime has been defined.