Ian’s Legal Fact of the Week 2/24/14: Jury Nullification

The practice of jury nullification–where juries render a verdict in opposition to the evidence and the law–is a legacy of the common law notion of the independence of juries. Most commonly it involves juries acquitting a defendant in the face … Continue reading

Ian’s Legal Fact of the Week 2/17/14: Capital Punishment in the U.S.

The earliest recorded instance of capital punishment in the U.S. was in 1608, carried out in the Jamestown colony against a defendant for spying for the Spanish government. Three states have never implemented capital punishment during their statehood: Michigan, Alaska and … Continue reading

Ian’s Legal Fact of the Week 2/10/14: Presidential Pardons

The President is given the pardon power for federal crimes under Art. II, section 2 of the Constitution, which states that the President “shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment”. Pardon petitions are addressed to the President but usually referred further to the Office of the Pardon Attorney for a non-binding recommendation. A symbolic use of this power is the annual pardoning of a turkey as part of the National Thanksgiving Turkey Presentation.

Ian’s Legal Fact of the Week 2/3/14: Parole

Parole–the discretionary, provisional release of an inmate who agrees to abide by the terms of his or her early release–can be said to have its origins in antiquity, when soldiers defeated in battle pledged not to take up arms again in exchange for their release. Parole in the U.S. criminal justice system is a fairly recent invention, first introduced in 1876 in New York’s Elmira Reformatory.