“Side A” here sounds an awful lot like a “Grand Jury.” There, the defense does not have a say, because the defendant isn’t being charged. Rather, the Jury is saying whether or not the prosecution can even go to trial. So while the jury can evaluate the credibility of a witness, the usual question is whether or not the prosecution has enough evidence to even go to trial.
This may sound unfair, but it’s a brake on the prosecution. The defendant still gets his trial and all, but this is an added hurdle for the prosecution.
[QUOTE=Campion]
…Because nullification is illegal (i.e., it is not a power that a juror legally may exercise), an attorney arguing for nullification is subject to sanctions, and may have caused a mistrial depending on what he actually said…
[/QUOTE]
But jurors can’t actually be punished for nullifying and the prosecution has no way of appealing the verdict, do they?