What is the concept of jury nullification?

A jury’s knowing and deliberate rejection of the evidence or refusal to apply the law either because the jury wants to send a message about some social issue that is larger than the case itself, or because the result dictated by law is contrary to the jury’s sense of justice, morality, or fairness.

Is it illegal to mention jury nullification?

​ For the most part, the answer is no. 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.

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.

What 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.”

What is the meaning of nullification?

Definition of nullification 1 : the act of nullifying : the state of being nullified. 2 : the action of a state impeding or attempting to prevent the operation and enforcement within its territory of a law of the U.S. 3 : jury nullification.

What happens after a jury nullification?

Jurors cannot be punished for their verdict, even if they reached it improperly. In addition, someone acquitted because of jury nullification cannot be tried again for the same crime because of the prohibition against double jeopardy.

How does nullification work?

Nullification is usually considered to be an act by a state finding a federal law unconstitutional, and declaring it void and unenforceable in that state. A nullification act often makes it illegal to enforce the federal law in question. Nullification arguably may be undertaken by a single state.

What does nullification mean in 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 does a notice of nullification mean?

In U.S. history, the refusal of a state to recognize or enforce within its territory any federal law held to be an infringement on its sovereignty.

What are the pros and cons of the jury nullification?

Jury Nullification Pros and Cons Juries Have the Responsibility To Use Their Own Judgment. In controversial cases, a judge will often instruct a jury that they are supposed to decide on the merits of the It Could Set Some People Free. It Allows For Variation Within the Law. There Is a Legal Standard for Jury Nullification.

What are some examples of jury nullification?

Jury nullification. Some commonly cited historical examples of jury nullification involve jurors refusing to convict persons accused of violating the Fugitive Slave Act by assisting runaway slaves or being fugitive slaves themselves, and refusal of American colonial juries to convict a defendant under English law.

Why should I use jury nullification?

List of the Pros of Jury Nullification Nullification can be used as its own form of moral justice. In July 2017, Jayson Newlun was allegedly discovered molesting a 1-year-old girl that was left in his care. It prevents personal bias from entering into the conviction process. The process provides needed checks and balances in the justice system. It allows juries to have the final say.

What do you think of jury nullification?

Jury nullification is the source of much debate. Some maintain that it is an important safeguard of last resort against wrongful imprisonment and government tyranny. Others view it as a violation of the right to a jury trial, which undermines the law. Some view it as a violation of the oath sworn by jurors.