Legal Definitions - jury pardon

Jury pardon, as defined in this context, refers to a situation where a jury chooses to convict a defendant of a less serious crime, even when there is sufficient evidence presented to convict them of a more serious crime with which they were originally charged. This allows the jury to apply a degree of leniency by opting for a lesser offense, despite the evidence potentially supporting the higher charge.

• Scenario: Assault with a Deadly Weapon vs. Simple Assault
  A defendant is on trial for aggravated assault with a deadly weapon, a felony, after striking someone with a heavy object during an argument. The prosecution presents clear evidence that the object used could be considered a deadly weapon and that the defendant intended to cause harm. However, the jury, after deliberation, might feel that while the defendant is certainly guilty of assault, the specific circumstances of the argument or the nature of the injury do not warrant the severe penalty associated with a deadly weapon charge. They might believe the defendant acted impulsively rather than with premeditated malice using a weapon.

  In this instance, the jury could exercise a "jury pardon" by convicting the defendant of simple assault, a less serious misdemeanor, even though the evidence might have been sufficient to support the more severe charge of assault with a deadly weapon. They choose to apply a lesser degree of culpability.

• Scenario: Grand Theft Auto vs. Unauthorized Use of a Vehicle
  A young person is charged with grand theft auto, a felony, for taking a car without the owner's permission. The evidence shows they drove the car for several days before abandoning it, and the car's value exceeds the felony threshold. During the trial, the defense argues that the defendant never intended to permanently deprive the owner of the vehicle, but merely took it for a joyride due to poor judgment. The jury might sympathize with the defendant's youth and lack of prior criminal record, or believe the intent to permanently steal was not definitively proven.

  Here, the jury might opt for a "jury pardon" by convicting the defendant of unauthorized use of a vehicle, a less severe misdemeanor offense, rather than grand theft auto. This decision reflects their choice to impose a lesser conviction despite the evidence potentially supporting the more serious felony charge.

• Scenario: Burglary vs. Criminal Trespass
  A defendant is accused of burglary, a felony, for breaking into a commercial building at night. The prosecution presents evidence of forced entry and the defendant's presence inside the building. However, the defense argues that the defendant was merely seeking shelter from a storm and had no intent to steal anything, which is a key element for a burglary conviction. While the jury might find the forced entry undeniable, they may not be entirely convinced of the intent to commit a crime once inside, or they might feel the circumstances mitigate the severity of the act.

  The jury could apply a "jury pardon" by convicting the defendant of criminal trespass, a less serious offense, instead of burglary. This demonstrates their decision to find guilt for a lesser crime, even if the evidence of forced entry might have been sufficient to support the more serious burglary charge.