A prosecutor in our office has an agg assault case coming up and anticipates defense counsel using a nullification argument. She wants to draft a motion in limine, but would like some ideas on the language and how to craft it.
Any help would be greatly appreciated.
During argument, I have sometimes used an objection when it came up that the defense counsel is asking the jurors to violate their oaths that they will follow the law. This usually got sustained and shut down the questioning, and highlighted to the jurors what was really going on.
Perhaps you could craft a Motion in Limine that defense counsel not raise the issue of jury nullification on the grounds that it asks the jury to disregard their oaths and refuse to follow the law. If it comes out, even after the objection is sustained, you could still throw it out there in rebuttal, that they took an oath and have an obligation to perform pursuant to that oath.
Thanks for your advice, David. That information will go to good use in drafting a Motion in Limine in anticipation of the nullification argument. Thanks again.
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