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by GabrielTFS 916 days ago
This is true in one sense (that the jury doesn't always have the final word) but does not seem to actually argue against the point made in loaph's comment.

I think what loaph is saying is that a jury, when making a decision, can make any decision it wants, without consequences (except in exceptional cases, e.g. jury tampering).

The jury might never get to actually make a decision, and a guilty verdict can be overruled by a judgment notwithstanding the verdict (or as a result of an appeal, etc.), but legally, when a jury has made a decision, they can't be punished for making it, even if they were unreasonable in reaching that verdict.

2 comments

How did whether juries are punished become germane? I thought the question at issue was just consistency vs capriciousness of the courts taken as a whole.
This was my intended meaning, thank you!

I wanted to point out that juries can make arbitrary decisions, nullification being a kind of example of this.