• Captain Aggravated@sh.itjust.works
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    15 days ago

    In practice, sort of. It’s a symptom or side effect of two other really good ideas:

    • A jury cannot be in any way punished for any verdict they reach.

    • One cannot be tried for the same offense twice if it is acquitted. Technical term for this is “double jeopardy.” A guilty verdict can be appealed but a not guilty verdict is absolutely final.

    The shapes of these two principles are such that they cannot interlock in any way that does not leave room for jury nullification.