Doing the Right Thing, Part 2 | America's Unwritten Constitution with Akhil Reed Amar

A jury can acquit even when the evidence is overwhelming, and no one can undo it. Akhil Reed Amar explains this power, its noble history, and its ugly abuses. This lecture traces jury nullification from Bushel's Case and the Zenger trial through Blackstone's "pious perjury," and confronts its dark side in the acquittal of Emmett Till's killers. Amar argues jurors should be told about this right, and pairs it with reforms on jury diversity and unanimity. He closes on judicial conscience, from Brennan and Marshall on the death penalty to Scalia the self-described "fainthearted originalist" on flogging. Chapters: 00:00 The juror's power to acquit against the evidence 02:07 Jury nullification from Bushel to Zenger 02:58 Blackstone's pious perjury 08:11 A two-edged sword: the Emmett Till case 12:34 Jury size and the unanimity question 18:25 Judicial conscience and the death penalty 23:36 Scalia the fainthearted originalist 📚 Learning objectives: After watching, you'll be able to: - Explain the history and logic of jury nullification - Trace acquittal against the evidence from Bushel's Case and Zenger through Blackstone - Assess the risks of nullification illustrated by the Emmett Till case - Evaluate proposals for jury diversity, non-unanimity, and the role of judicial conscience 📺 Watch the full playlist on YouTube: https://www.youtube.com/playlist?list=PLABHWcbOLwlY 🎓 Enroll on Coursera for assessments and a certificate: https://www.coursera.org/learn/unwritten-constitution 🌐 Explore more learning opportunities on Yale Online: https://online.yale.edu/courses/americas-unwritten-constitution