Jury nullification, jury equity, or a perverse verdict refers to when members of a criminal trial's jury believe that a defendant is guilty, but choose to acquit the defendant anyway.

What is jury nullification and how does it work?

Jury nullification takes place when jurors acquit a defendant who is factually guilty because they disagree with the law as written. ... For example, all-white juries in the post-civil war South routinely convicted black defendants accused of sex crimes against white women despite minimal evidence of guilt.

What is jury nullification in simple terms?

In its strictest sense, jury nullification occurs when a jury returns a Not Guilty verdict even though jurors believe beyond reasonable doubt that the defendant has broken the law.

Is jury nullification good or bad?

This may sound radical, perhaps even subversive, but jury nullification serves as an important safeguard against unjust laws, as well as against the unfair application of well‐​intended laws.

Why would a jury nullify?

Jurors may wish to nullify for a number of reasons, including a belief that the law is unjust or unjustly applied, belief that the penalty for violating the law is too harsh, or belief that there are mitigating circumstances that would make strict enforcement of the law unjust in a particular case.

Jury Nullification Basics in Under 6 Minutes

36 related questions found

Is jury nullification perjury?

There is no such thing as valid jury nullification. You would violate your oath and the law if you willfully brought a verdict contrary to the law given to you in this case." But it deemed this a harmless error and affirmed the conviction.

What happens if you mention jury nullification?

"There is no such thing as valid jury nullification. Your obligation is to follow the instructions of the Court as to the law given to you. You would violate your oath and the law if you willfully brought in a verdict contrary to the law given you in this case."

Can a lawyer talk about jury nullification?

​ For the most part, the answer is no. You should NOT discuss jury nullification with your fellow jurors. It is well-established that it is perfectly legal for a juror to vote not guilty for any reason they believe is just.

Why is nullification a bad thing?

Nullification would create a patchwork of laws, rendering national governance impossible. Nullification was a factor in the lead-up to the Civil War. ... The Civil War proved that nullification is not an option. The supremacy clause means that the federal government is superior to the state government.

Why is nullification good?

First, nullification is a legally valid power for the states to exercise. ... A refusal to nullify unconstitutional federal actions creates a corresponding lack of consent for constitutional ones. This, in turn, transforms our government from a government by consent to a government by compulsion.

Can jurors be punished for nullification?

Jurors cannot be punished for reaching a "wrong" decision (such as acquitting a defendant despite their guilt being proven beyond a reasonable doubt). ...

What does it mean when a case is nullified?

Nullify means to remove the force, effectiveness, or value of something. The thing nullified is the refered to as null and void, or as being a nullity. Juries may also nullify the law instructed to be applied in a case to be decided, which is refered to as jury nullification. ...

What are some of the negative aspects of jury nullification?

List of the Cons of Jury Nullification

• Juries that are instructed that they can nullify are more likely to do so. ...
• It can take away the will of the population. ...
• It stops prosecutors from pursuing defendants that are likely guilty. ...
• It can stop guilty people from going to prison.

Is jury nullification legal in the US?

Jury nullification is legal according to the U.S. Supreme Court, but whether or not juries need to be instructed on this right is a different matter. ... Hence, once a jury finds a defendant not guilty, there is no mechanism for a prosecutor to bring the case against the same defendant again.

Can judges overrule the jury?

No. Once a verdict has been rendered, either guilty or not guilty, the judge cannot overrule the jury. However, under California law, a defendant can make a motion for judgment of acquittal before the evidence is submitted to the jury.

When has jury nullification been used?

In the early 1800s, nullification was practiced in cases brought under the Alien and Sedition Act. In the mid 1800s, northern juries practiced nullification in prosecutions brought against individuals accused of harboring slaves in violation of the Fugitive Slave Laws.

What does deadlocked mean in a trial?

When there are insufficient jurors voting one way or the other to deliver either a guilty or not guilty verdict, the jury is known as a “hung jury” or it might be said that jurors are “deadlocked”. ... If a verdict still cannot be delivered, at some point the judge will declare a mistrial due to the hung jury.

What is nullification government?

Nullification is a legal doctrine, which argues that states have the ability — and duty — to invalidate national actions they deem unconstitutional. In its most overt manifestation, this form of resistance is used by state leaders to dispute perceived federal overreach and reject federal authority.

What jurors should not do?

X Don't lose your temper, try to bully or refuse to listen to the opinions of other jurors. X Don't draw straws, flip coins or otherwise arrive at your verdict by chance, or the decision will be illegal.

What was President Jackson's response to nullification?

Andrew Jackson regarded the South Carolina Ordinance of Nullification as a clear threat to the federal union and to national authority. He reacted by submitting to Congress a Force Bill authorizing the use of federal troops in South Carolina if necessary to collect tariff duties.

Is jury nullification legal in California?

Jurors do not generally admit that they voted to acquit a defendant they otherwise believed was guilty based on their objections to the applicable law. ... However, since 2001 it has been well-settled that jury nullification is not sanctioned by California law.

Which states allow jury nullification?

Far from being an unintended side-effect, jury nullification is explicitly authorized in the constitutions of 24 states. The constitutions of Maryland, Indiana, Oregon, and Georgia currently have provisions guaranteeing the right of jurors to “judge” or “determine” the law in “all criminal cases.”

Can jurors vote their conscience?

But one of the great mistakes a jury can make is to betray both truth and conscience by compromising. If you believe the defendant is not guilty of anything, then vote “not guilty” on all counts. You can't be punished for voting according to your conscience.

Why did Andrew Jackson bring down the national bank?

Jackson, the epitome of the frontiersman, resented the bank's lack of funding for expansion into the unsettled Western territories. Jackson also objected to the bank's unusual political and economic power and to the lack of congressional oversight over its business dealings.

Who was removed by the Trail of Tears?

In 1838 and 1839, as part of Andrew Jackson's Indian removal policy, the Cherokee nation was forced to give up its lands east of the Mississippi River and to migrate to an area in present-day Oklahoma. The Cherokee people called this journey the "Trail of Tears," because of its devastating effects.