New York, NY asked in Constitutional Law for New York

Q: Is the following a constitutional question:

Is the following a constitutional question:

Under the law, the facts at issue in the trial are for the jury to determine. The law

applicable to the charges in the case is something on which the court will instruct

you. You are required to accept the law as the judge explains it to you regardless

of any opinions you might have as to what the law is or should be. Would you

have any difficulty following that instruction?

I am aware of jury nullification and the right to determine the law and the fact. The question above clearly violates our power to veto.

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1 Lawyer Answer

A: Yes, it's a constitutional question. To my knowledge, however, "judicial nullification" has not been established as protected by the federal constitution or by the constitutions of the several states.

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