What is jury nullification?
Q: What is jury nullification?
A: Jury nullification is when a jury intentionally ignores evidence or refuses to apply the law as explained in the jury instructions.
Q: Why would a jury engage in nullification?
A: A jury may feel the application of the law is unfair, unjust, or immoral in some way or may want to "send a message" about some social issue.
Q: Is jury nullification legal?
A: No, it is not a legal function of a jury and is not usually considered to be consistent with a jury's duty to judge a case on the facts and the law.
Q: Do juries have the power to nullify?
A: Yes, it is clear that juries have the power to nullify.
Q: Do juries have the right to nullify?
A: It is another question on if they have the right to nullify. Once the verdict of not guilty is returned, double jeopardy applies and so the defendant cannot be tried again. If a judge learns that a juror intends to nullify the verdict, the judge has the right to remove that juror.
Q: Are jurors typically told by the court that they have the power to nullify?
A: No, jurors are not usually told by the court that they have the power to nullify. Judges fear if they told jurors they would have jury anarchy on their hands with jurors doing whatever they please.
Q: Is jury nullification ever useful?
A: Yes, jury nullification can provide valuable feedback and is sometimes useful if it is used wisely.
