Can a juror be removed for nullification?

You should NOT discuss jury nullification with your fellow jurors. However, courts have also decided that they can remove jurors for considering their option to conscientiously acquit. This applies anytime until the verdict is officially rendered.

What happens if you mention jury nullification?

If the judge believes that a juror is thinking about nullification, they will likely remove that juror. But if the juror simply has doubts on the facts of the case, the juror cannot be removed. The inability to discuss jury nullification openly encourages hung juries. So if you must, hang.

Is jury nullification constitutional?

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. The Supreme Court has ruled that while the power of jury nullification exists, state courts and prosecutors are not required to inform jurors of this power.

Is jury nullification common?

Kalven’s and Zeisel’s study of the American jury found that juries acquitted when judges would have convicted in only 19\% of cases, and of these, only 21\% of the acquittals were attributable to jury nullification.

Should the jury have the right to nullify?

The right for a jury to nullify is well established law. The SCOTUS has ruled that juries have that power and judges cannot overturn a nullification verdict or declare a mistrial. However, few judges and no prosecutors will ever tell a jury about nullification.

Can a judge overturn a nullification verdict or declare a mistrial?

The SCOTUS has ruled that juries have that power and judges cannot overturn a nullification verdict or declare a mistrial. However, few judges and no prosecutors will ever tell a jury about nullification.

Can a not guilty verdict hang the jury?

In what can be said to be a milder form of jury nullification, some of the jurors, or even just one in most cases, can hang the jury by maintaining a Not Guilty verdict even though they believe the defendant broke the law. There is no requirement that jurors must come to a unanimous verdict.

How does a jury verdict change the law?

A jury’s verdict only decides the particular case before the court in that trial—it doesn’t change the law. But a consistent pattern of acquittals for prosecutions of a certain offense can have the practical effect of invalidating a statute.