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Donahue (pt. 5) - Racially Based Jury Nullification with Professor Paul Butler

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Uploaded by on Jun 6, 2009

On this episode of Donahue, Professor Paul Butler of George Washington University Law School discusses his theory of strategic jury nullification as outlined in "Racially Based Jury Nullification: Black Power in the Criminal Justice System," his article published in the Yale Law Journal. He is joined by Emerson Elliot (President of New Jersey's Fully Informed Jury Association), Keith Waters (President of the National Bar Association), and Amy Jackson (Former D.C. Prosecutor).

Since the production of this piece in 1995, Professor Paul Butler has modified his original thesis and now advocates what he calls "strategic jury nullification 2.0." Professor Butler argues that the criminal justice system is broken, not just in regards to African-American defendants, but indeed to all of society. In his book, Let's Get Free, Professor Butler criticizes America's "lock 'em up" culture, and he argues that, before voting to convict, jurors should always consider the fairness of the law under which the defendant is prosecuted and the societal costs of incarceration. Specifically, he argues that jurors should nullify when the defendant is charged with a non-violent and victimless crime, such as drug possession or drug dealing between consenting adults.

This is the fifth segment of this episode.

For the first segment of this episode, click here:
http://www.youtube.com/watch?v=0z5vKEEEsOI

For the second segment of this episode, click here:
http://www.youtube.com/watch?v=-s_M_kXEmdw

For the third segment of this episode, click here:
http://www.youtube.com/watch?v=5k0osGi8wuM

For the fourth segment of this episode, click here:
http://www.youtube.com/watch?v=-IGolxM-P8E

For the sixth segment of this episode, click here:
http://www.youtube.com/watch?v=d90a0cCXLLQ


For more information on jury nullification, see:
http://www.jurorsforjustice.com

Also, see Professor Paul Butler's book, Let's Get Free: A Hip-Hop Theory of Justice.
http://www.letsgetfreethebook.com

For more on Professor Paul Butler, visit:
http://www.professorpaulbutler.com

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