Comment Re:Jury nullification exists because... (Score 1) 629
Jury nullification is a side effect of the prohibition against retrying a defendant for the same crime after having been found not guilty
This prohibition is important because, at least in theory, it prevents a determined prosecutor from repeatedly retrying until there is a conviction, the defendant caves or the prosecutor gets tired. Of course, it's not impossible to get around this by filing charges for other things the defendant might have done at the same time. In theory, the defendant or defendant's lawyer could argue these new charges are "lessor included charges" and get them dismissed.