
Doing the Right Thing, Part 2: Jury Nullification and Judicial Conscience
Akhil Reed Amar, Yale Law School, continues his America's Unwritten Constitution course by examining jury nullification, the power of a jury to acquit against the weight of evidence with no way to reverse it. He traces the practice from Bushel's Case and the Zenger trial through Blackstone's idea of pious perjury, then confronts its darker history in the acquittal of Emmett Till's killers. Amar argues jurors should be informed of this power, pairing that proposal with reforms on jury diversity and non-unanimous verdicts. The lecture closes on judicial conscience, contrasting Brennan and Marshall's stance against the death penalty with Scalia's self-description as a fainthearted originalist on the question of flogging. Chapter markers move briskly through each historical episode, making this a compact legal history of how juries and judges have exercised moral discretion within the law.