Keith Mack
Jury nullification refers to a jury's rejection of evidence or refusal to apply the law. This can occur because a not guilty verdict cannot be overturned and jurors are protected regardless of their verdicts. The jury's reasons may include the belief that the law itself is unjust, that the punishment for breaking the law is too harsh, or general frustrations with the criminal justice system. While some view jury nullification as a violation of the right to a jury trial, others argue that a jury has the power to judge both law and fact. The Supreme Court in 2006 confirmed that juries in Canada have the power to refuse to apply the law when their consciences require them to do so. However, the act of jury nullification is not without controversy, and there are differing perspectives on its role and ethical implications.
| Characteristics | Values |
|---|---|
| Jury nullification | Refers to a jury's knowing and deliberate rejection of evidence or refusal to apply the law |
| Reasons for jury nullification | The belief that the law itself is unjust, that the prosecutor has misapplied the law, that the punishment for breaking the law is too harsh, or general frustrations with the criminal justice system |
| Jury nullification in capital cases | When jurors convict the accused and find that the necessary conditions have been met to impose the death penalty, but choose instead to sentence them to life without parole |
| Jury nullification in practice | Jurors cannot be punished for passing an incorrect verdict; a not guilty verdict cannot be overturned |
| Jury nullification and the law | Jury nullification is not an official part of criminal procedure; it is not a legally sanctioned function of the jury |
| Jury nullification and the oath | Some view the requirement that jurors take an oath to be unlawful in itself |
| Jury nullification and the judge | Judges may go to clever lengths to try to prevent a jury from nullifying; judges may remove jurors "for cause" when they refuse to apply the law as instructed |
| Jury nullification and the defence | Defence counsel might attempt to tell the jury that they have the power to ignore the law, but such attempts are almost always impermissible and result in contempt of court findings |
| Jury nullification and the prosecution | Prosecutors are not allowed to seek jury nullification |
| Jury nullification and the jury | Jurors are protected regardless of their verdicts; jurors are not called upon to explain their verdict in a criminal case |
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What You'll Learn
Jury nullification
The ethical debate surrounding jury nullification centres on the tension between democratic self-government and integrity. Some argue that allowing juries to bypass the system of elected officials determining laws undermines the core principle of a nation of laws, not individuals. Additionally, the oath sworn by jurors to follow the law appears to contradict the act of nullification. Critics also fear that nullification could enable violence against socially unpopular factions.
However, others defend jury nullification as a necessary check on unjust laws. For example, it has been used to oppose laws penalizing runaway slaves, prohibiting alcohol, or criminalizing draft evasion. Jury nullification can lead to laws becoming unenforceable or being repealed. Furthermore, some argue that the oath's reference to "deliverance" implies the nullification of unjust laws.
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The right to a jury trial
While some view jury nullification as a violation of the right to a jury trial and the oath sworn by jurors, others argue that it is a check on unjust laws and an important power vested in the jury. The historical basis for jury nullification can be traced back to colonial America, where juries used it to protest against British rule. Over time, jury nullification has been used to oppose laws such as the Fugitive Slave Act, prohibition laws, and draft evasion during the Vietnam War.
In the United States, the issue of jury nullification has been addressed in various court cases. The Court of Appeals for the District of Columbia in 1972 affirmed the jury's power to nullify but upheld the denial of the defence's attempt to instruct the jury about this power. In another case, a judge declared that there is "no such thing as valid jury nullification." Judges and lawyers generally avoid informing juries about their power to nullify, and defence attorneys suggesting it may face contempt of court findings.
The ethical dilemma surrounding jury nullification revolves around democratic self-governance and integrity. While prosecutors cannot seek nullification due to the presumption of innocence, defendants' attempts to influence juries in this regard are controversial. The power of jury nullification can be a double-edged sword, as it may be used to oppose unjust laws or to permit violence against unpopular groups. Ultimately, the right to a jury trial encompasses complex dynamics, and jury nullification remains a contentious aspect that continues to shape legal discussions and decisions.
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The role of the judge
In the context of jury nullification, the role of the judge becomes more complex. Jury nullification occurs when a jury returns a "not guilty" verdict, even if they believe beyond a reasonable doubt that the defendant has broken the law. This can happen because the jury disagrees with the law itself, believes that the prosecutor has misapplied the law, or finds the potential punishment too harsh.
While judges typically instruct jurors to "follow the law" and "follow these instructions", they are also aware of the jury's inherent power to nullify. Judges may go to great lengths to prevent jury nullification, especially in cases where they believe it could result in an unjust outcome. For example, a judge may attempt to remove jurors who they believe are intending to nullify the law or instruct the jury that they must follow the law, regardless of their personal beliefs.
However, judges must also respect the independence of the jury and the sanctity of their deliberations. In most cases, judges will not inquire into the motivations behind a jury's verdict, even if they suspect nullification has occurred. Additionally, judges may be limited in their ability to influence the jury's decision-making process, as seen in the case of United States v. Dougherty, where the Court of Appeals affirmed the jury's power to nullify.
Ultimately, the role of the judge in jury nullification is a delicate balance between ensuring a fair trial and respecting the jury's discretionary power. While judges may provide instructions and attempt to guide the jury's decision-making, the final verdict rests with the jury, and judges must accept their decision, even in cases of nullification.
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The power to punish jurors
The concept of jury nullification is a highly contentious issue, with strong arguments for and against its use. Jury nullification occurs when a jury returns a "not guilty" verdict, despite believing beyond reasonable doubt that the defendant has broken the law. This may occur because the jury believes the law itself to be unjust, that the prosecutor has misapplied the law, or that the punishment for breaking the law is too harsh.
The power of juries to nullify the law has been recognised in several cases. In the United States, the Court of Appeals for the District of Columbia Circuit ruled in United States v. Dougherty that juries have the de facto power to nullify the law. Similarly, in Canada, the Supreme Court confirmed in R. v. Krieger that juries have the power to refuse to apply the law when their consciences require them to do so.
However, the power to nullify is not without its limitations. While jurors cannot be punished for their verdict, they can face consequences for openly discussing nullification or attempting to influence other jurors. In the case of People v. Brannon, juror Laura Kriho was initially charged with three counts of contempt of court, including attempting to persuade fellow jurors to nullify one of the charges against the defendant. Although the charges related to discussing nullification were later withdrawn, this case demonstrates the potential repercussions for jurors who actively promote jury nullification.
The ethical implications of jury nullification are also a significant concern. The argument against nullification asserts that it undermines the core principle of a nation of laws, not men, and that elected officials should determine the law. Additionally, the requirement for jurors to take an oath to follow the law contradicts the notion of embracing nullification.
In conclusion, while jurors possess the power to nullify the law, it is a contentious issue that raises ethical concerns and can result in repercussions for jurors who actively promote it.
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The consequences of nullification
Jury nullification is a highly controversial topic, with strong arguments for and against the practice. Nullification occurs when a jury returns a "not guilty" verdict despite believing beyond reasonable doubt that the defendant broke the law. This can happen when the jury believes the law itself to be unjust, that the prosecutor has misapplied the law, that the punishment is too harsh, or out of general frustration with the criminal justice system.
The main ethical issue with jury nullification is the tension between democratic self-government and integrity. One argument against nullification points to the core principle of the judicial system: that elected officials determine the law, and citizens can replace legislators if they disagree. Allowing juries to bypass this system can be seen as a violation of the oath sworn by jurors to follow the law. Furthermore, nullification could be used to permit violence against socially unpopular factions, and there is a danger that a jury may convict a defendant who has not broken the law.
On the other hand, nullification can be seen as a way to oppose unjust laws, such as those that penalized runaway slaves or prohibited alcohol during Prohibition. In the United States, some view the requirement for jurors to take an oath as unlawful, while others believe the oath's reference to "deliverance" requires nullification of unjust laws. In Canada, the Supreme Court confirmed in 2006 that juries have the power to refuse to apply the law when their consciences require it.
In practice, judges may go to great lengths to prevent jury nullification, and defense attorneys are rarely allowed to mention it. However, nullification can still occur, and when it does, the prosecution cannot do anything about it. This can lead to laws becoming unenforceable, as they are repeatedly nullified.
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Frequently asked questions
Jury nullification refers to a jury's rejection of evidence or refusal to apply the law. This can occur because a not guilty verdict cannot be overturned and jurors are protected regardless of their verdicts.
Allowing juries to bypass the system can result in unfortunate examples. Asking jurors to take an oath to follow the law and then embracing nullification can be seen as a violation.
Jurors cannot be punished for passing an incorrect verdict. However, in some cases, people have been punished for disseminating information on jury nullification.
