About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

86 Iowa L. Rev. 1601 (2000-2001)
Civil Jury Nullification

handle is hein.journals/ilr86 and id is 1613 raw text is: Civil Jury Nullification Lars Noah' Jury nullification occurs when jurors intentionally disregard the law in returning a verdict. The phenomenon has attracted a great deal of scholarly attention, though almost exclusively in connection with criminal trials. Indeed, some commentators have taken the position that civil juries cannot nullify. In contrast to verdicts of acquittal, trial and appellate judges do have the power to intercede in civil cases, but in practice they may find it difficult to discern and correct instances of intentionalijury departures from their instructions. Although it is hard to document cases of civil jut)y nullifcation, it is also not clear how often criminal juries engage in acts of nullifircation. The lack of evidence confir7ning the descriptive claim has not, however, discouraged scholars from evaluating the merits of criminal jury nullification. This Article canvasses the extensive debate over criminal jun, nullfication as a prelude to considering the possible arguments for and against its counterpart in civil litigation. Although a number of commentators have praised certain aspects of juxy departures from the law in the latter context, the case in favor of civil jury nullification is much weaker than it is in the criminal arena. Concerns about protecting citizens against oppressive government action do not arise in lawsuits between private parties. Beneficiaries of nullification may applaud the jurys fiznction in softening the application of seemingly harsh rules, but their adversaries will voice legitimate complaints that nullification sacrifies their due process rights. In addition, when a jury chooses to disregard laws adopted by legislatures or courts, it undemocratically usurps the lawmaking function lodged in those institutions. Thus, courts should more readily embrace tools such as special verdicts and b~urcation of trials in order to minimize the risks that civil juries will deviate from their instructions. * Visiting Professor, Georgetown University Law Center;, Professor of Law, University of Florida. An earlier version of this paper ias presented to the faculty at the University of Texas School of Law as well as at the annual meeting of the Southeastern Conference of the Association of American Law Schools. In addition to those in attendance, I would like to thankJerry Israel, Doug Laycock, Barbara Noah, Bill Page, Walter We)raucl, and Patrick Woolley for their helpftl suggestions. 1601

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most