It is tempting to see a rule allowing jury nullification that would, by definition, provide an avenue for acquittal where one did not previously exist. As a defense attorney, I would want this avenue for my own clients 100% of the time. But would inviting selective application of this law further the interests of justice?
Throughout history, law enforcement and the courts have often failed to provide adequate equal protection under our laws. Minorities, especially black Americans, have experienced a much clearer path into the criminal justice system than their white counterparts. Once in the system, institutional racism has punished minorities more harshly than similarly situated whites.
Mimesis Law — The Pandora’s Box Of Jury Nullification