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.
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.
Edit: to be clear, the essential quality of nullification is that it’s the product of a contradiction between two unassailable principles in our legal system. Without that contradiction, which does not exist in a grand jury context, a juror’s decision is not nullifying. It’s just a decision.