The Third Choice in Jury: Jury Nullification

🔍Jury nullification is the choice of the jury to disregard the law and let a defendant go free even if they are guilty beyond a reasonable doubt.

⚖️Jury nullification is not explicitly written in the law but is a consequence of two other laws: the protection of juries from punishment for wrong decisions and the prohibition of double jeopardy.

🤔Jury nullification is a highly contentious issue, with debates centering around whether it is an expression of the people's will, anarchy, or a way for citizens to judge the law.

👥Jury nullification has historical examples ranging from rejecting the enforcement of fugitive slave laws to refusing to convict members of lynch mobs. It can be seen as a tool for justice or as a potential for chaos.

🔒Jurors who are aware of nullification may be asked about their beliefs during the jury selection process. However, openly expressing the intention to nullify can result in perjury charges.

What is jury nullification?

—Jury nullification is when the jury believes the defendant is guilty beyond a reasonable doubt but chooses to let them go free, disregarding the law.

Is jury nullification a recognized legal concept?

—Jury nullification is not explicitly written in the law but is a logical consequence of other laws that protect juries and prevent double jeopardy.

What are the arguments for and against jury nullification?

—Arguments in favor of jury nullification include its historical role in challenging unjust laws, while arguments against it focus on the potential for anarchy and inconsistent application of the law.

Can jurors openly discuss nullification during trials?

—Jurors are discouraged from discussing nullification during trials, as it can influence the decision-making process and make evidence less relevant.

What are the consequences of openly expressing the intention to nullify?

—Expressing the intention to nullify during the jury selection process can result in perjury charges, as it goes against the duty to make decisions based strictly on the law.

01:19Jury nullification occurs when the defendant is guilty beyond a reasonable doubt, but the jury chooses to let them go free.

02:32Jury nullification is not explicitly stated in the law but is a logical consequence of two other laws: protecting juries from punishment for wrong decisions and preventing double jeopardy.

03:13Debates about jury nullification center around its implications and whether it represents the will of the people, anarchy, or citizen lawmaking.

03:45Historical examples of jury nullification range from challenging fugitive slave laws to refusing to convict lynch mobs.

04:06Jurors who are aware of nullification may face questions during jury selection, but openly expressing the intention to nullify can result in perjury charges.