Uploaded by ProfessorPaulButler on Jun 5, 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 sixth 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 fifth segment of this episode, click here:
http://www.youtube.com/watch?v=0KaK8w8kHTM
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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