Cameron Miranda
Jury nullification is a discretionary act where a jury in a criminal trial can acquit a defendant even if they believe the defendant has broken the law. This can occur due to a range of reasons, including a belief that the law is unjust, or that the punishment is too harsh. Jury nullification has been used throughout history to oppose laws that are deemed unjust, such as the Fugitive Slave Laws and alcohol prohibition laws. While it is not a legally sanctioned function, jury nullification is considered a right by some, and it raises ethical questions about the role of democratic self-governance and integrity. The topic of jury nullification is complex and controversial, sparking debates about the role and influence of juries in the legal system.
| Characteristics | Values |
|---|---|
| Definition | Jury nullification is when a jury in a criminal trial gives a "not guilty" verdict even though they think a defendant has broken the law. |
| Origin | Jury nullification was used by juries in colonial America to protest against the British by acquitting defendants. |
| Ethical issues | Jury nullification raises the tension between democratic self-government and integrity. |
| Legality | Jury nullification is not a legally sanctioned function of the jury. However, it is a power that jurors have and they cannot be punished for exercising it. |
| Informing the jury | There is debate over whether juries should be informed of their power to nullify. Some judges have stated that "there is no such thing as valid jury nullification". |
| Jury removal | There is disagreement over whether a judge may remove jurors who intend to nullify the law. |
| Civil trials | In civil trials, if the jury's verdict is clearly at odds with the evidence, the judge can issue a new verdict or order a new trial. |
| Single juror | In most cases, a single juror can nullify the law by maintaining a "not guilty" verdict, resulting in a hung jury. |
| Jury nullification 2.0 | A term used to refer to the rejection of laws that become unenforceable due to a lack of social acceptance. |
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What You'll Learn
Jury nullification is not a legally sanctioned function
Jury nullification is a discretionary act and is not a legally sanctioned function. It is considered to be inconsistent with the jury's duty to return a verdict based solely on the law and the facts of the case. The jury is expected to act as "finders of fact", determining the veracity and weight of the evidence presented, applying it to the law, and reaching a verdict without questioning the law itself.
In its strictest sense, jury nullification occurs when a jury returns a "not guilty" verdict, even though they believe beyond a reasonable doubt that the defendant has broken the law. This can happen because a "not guilty" verdict cannot be overturned, and jurors cannot be punished for their verdict. The law is said to be nullified in that particular case. A milder form of jury nullification occurs when one or a few jurors hang the jury by maintaining a "not guilty" verdict, even if they believe the defendant broke the law.
Jury nullification has a historical basis, with its origin seen in colonial America, where juries used it to protest against the British by acquitting defendants. Another example is the Fugitive Slave Clause passed by Congress in the 1800s, which compelled citizens to assist in the apprehension of runaway slaves. Abolitionists used the jury system to protest and refused to convict people under these laws.
Jury nullification raises ethical issues, such as the tension between democratic self-government and integrity. Some argue that since prosecutors cannot seek jury nullification, defendants should not be allowed to either. Additionally, counsel is not permitted to present the concept of jury nullification to the jury. Judges may also declare mistrials or overturn verdicts if legal arguments are made in the presence of the jury.
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Jury nullification and the integrity of democratic self-government
Jury nullification is a discretionary act that refers to a jury's deliberate rejection of evidence or refusal to apply the law. While it is not a legally sanctioned function, it is a power that juries have, and they cannot be punished for exercising it. Jury nullification can be seen as a way to protect against unjust laws and preserve democratic self-government. However, it also raises concerns about the integrity of the judicial system and the role of the judge in advising juries.
The historical basis for jury nullification can be traced back to colonial America, where juries used it to protest against British rule by acquitting defendants. Throughout American history, jury nullification has been used to oppose laws that were perceived as unjust, such as the Fugitive Slave Laws and alcohol prohibition. In these cases, repeated acquittals led to the de facto invalidation of the laws, as they could no longer be effectively enforced.
The main ethical debate surrounding jury nullification centres on the tension between democratic self-government and integrity. While some argue that it is a necessary check on prosecutorial power, others argue that it undermines the rule of law and the role of the jury in upholding it. There is also disagreement about whether juries should be informed of their power to nullify and whether judges should allow or prevent its occurrence.
In recent years, there have been several court cases that have addressed the issue of jury nullification. For example, in U.S. v. Dougherty, the United States Court of Appeals affirmed the jury's de facto power to nullify but upheld the denial of the defence's request to inform the jury of this power. Similarly, in U.S. v. Thomas, the U.S. Court of Appeals ruled that jurors could be removed if there was evidence of their intent to nullify the law. These cases highlight the ongoing debate surrounding the role and implications of jury nullification in the judicial system.
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Jury nullification in capital cases
Jury nullification refers to a jury's knowing and deliberate rejection of evidence or refusal to apply the law. In capital cases, it usually occurs during the sentencing phase of the trial, where jurors believe that the accused is guilty but choose to sentence them to life in prison without parole instead of death. This can happen when jurors believe that the law itself is unjust, that the prosecutor has misapplied the law, or that the punishment is too harsh.
In its strictest sense, jury nullification occurs when a jury returns a "not guilty" verdict, even though they believe beyond reasonable doubt that the defendant has broken the law. This type of verdict is protected and cannot be overturned. However, jury nullification is not a legally sanctioned function of the jury and is considered inconsistent with their duty to base their verdict solely on the law and the facts of the case.
In the context of capital cases, jury nullification can occur when one or more jurors set aside the law to reach a verdict. For example, if a juror believes that the aggravating factors outweigh the mitigating factors but still votes for life without parole, this could be considered jury nullification. Another example is when a juror votes for life without parole without considering or weighing the mitigating and aggravating factors.
The issue of jury nullification in capital cases raises ethical concerns about the tension between democratic self-government and integrity. While some view it as a right, there are differing perspectives on its role and basis in American jurisprudence. Some states, like California, have decided that their trial juries do not have the right to refuse to apply the law. Additionally, there are questions about whether juries should be informed of their power to nullify, whether judges can remove or punish jurors for practicing jury nullification, and whether prosecutors can seek jury nullification.
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Jury nullification and the role of the judge
Jury nullification refers to a jury's deliberate rejection of evidence or refusal to apply the law. The jury may do this because they want to bring attention to a social issue or because the verdict dictated by law goes against their sense of justice, morality, or fairness. Jury nullification results in a "not guilty" verdict, even if jurors believe the defendant broke the law. This is a discretionary act and is not a legally sanctioned function of the jury.
The role of the judge in jury nullification is complex and has been the subject of much debate. Some argue that judges should prevent jury nullification from occurring, as it undermines the law and the integrity of the judicial system. In some cases, judges have declared mistrials or overturned verdicts if they believed the jury was engaging in nullification. Judges also retain the right to decide sentences and to disregard guilty verdicts, acting as a check against juries that may be acting maliciously or with bias.
However, others argue that jury nullification is an important safeguard against wrongful imprisonment and government overreach. In the United States, the requirement for jurors to take an oath has been contested, with some arguing that the oath's reference to "deliverance" implies a duty to nullify unjust laws.
There are several unresolved questions regarding the role of the judge in jury nullification. These include whether judges should inform juries of their power to nullify, whether judges can remove or punish jurors who refuse to apply the law, and whether legal arguments should be made in the presence of the jury to prevent them from being influenced.
Ultimately, the role of the judge in jury nullification is a delicate balance between ensuring the integrity of the judicial process and respecting the jury's right to make decisions based on their sense of justice.
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Jury nullification and the right to a unanimous verdict
Jury nullification refers to a jury's deliberate rejection of evidence or refusal to apply the law. This often occurs because the jury believes the law to be unjust, the punishment too harsh, or out of frustration with the criminal justice system. In some cases, jurors may refuse to convict due to their own prejudices in favour of the defendant. While jury nullification is not an official part of criminal procedure, it is a logical consequence of two rules: jurors cannot be punished for incorrect verdicts, and defendants cannot be tried twice for the same offence.
In the United States, jury nullification has its roots in colonial America under British law. During the Founding Era, it was standard practice to argue issues of law in front of the jury. However, over time, judges began to exclude the jury from legal arguments, and today, judges may declare a mistrial if legal arguments are presented to the jury. Despite this, jury nullification continues to occur, as seen in the case of Touray Cornell, where a deal was made to avoid a potential jury nullification.
Jury nullification raises ethical concerns about the tension between democratic self-government and integrity. While some argue that juries should be informed of their power to nullify, others believe that judges should prevent it. The right to a unanimous verdict is not absolute, and in the absence of a unanimous decision, a hung jury is declared, and a mistrial may be called.
In summary, jury nullification occurs when a jury rejects evidence or law, often due to perceptions of injustice. While not officially recognised, it persists due to legal rules and has historical roots. The right to a unanimous verdict is not absolute, and jury nullification can result in a hung jury and mistrial.
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Frequently asked questions
Jury nullification is when a jury in a criminal trial returns a "not guilty" verdict even though they believe a defendant has broken the law. This can occur because a “not guilty” verdict cannot be overturned and jurors are protected regardless of their verdicts.
Jury nullification is not a legally sanctioned function of the jury. However, jury nullification is considered a discretionary act and jurors cannot be punished for exercising it.
Jury nullification can be used to oppose what jurors perceive as unjust laws. For example, in the US, it has been used to reject the Fugitive Slave Laws and alcohol prohibition. Jury nullification can also be seen as an integral feature of democracy.
Yes, jurors can be removed if there is evidence that they intend to nullify the law. However, the court must not remove a juror for an alleged refusal to follow the law unless there is evidence of deliberate misconduct.
