Combatting Overcriminalization: From the Shark House to the White House

<p>For centuries, the greatest protection against unjust convictions and punishments was the institution of jury independence, including so-called “jury nullification.” The prosecutions of John Moore and Tanner Mansell illustrate a scenario in which jurors—apprised of their historic injustice-preventing powers—would have rendered a not guilty verdict. But because John and Tanner’s jurors, who appeared desperate for a way to acquit, weren’t informed of their historic prerogative to acquit against the evidence to prevent injustice, they had no option but to convict.</p><br><p>When …