May 20, 2022

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Jury Nullification vs Article I, Section 19

Article I, Section 19 of the Indiana Constitution provides “[i]n all criminal cases, whatever, the jury shall have the right to determine the law and the facts.”  This would appear to be straight forward, but despite the short provision, there has been constant debate over what exactly this means a jury can or cannot do. Many individuals believe that this provision would allow what is known as “jury nullification” or the idea that a jury…

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