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What is Jury Nullification?
Jury Nullification occurs when a jury returns a verdict of not guilty despite believing that the defendant has technically violated the law.
Definition
Jury Nullification is the act of a jury deliberately choosing to acquit a defendant because the jurors believe the law itself is unjust, improperly applied, or that a conviction would result in an unfair outcome.
Key Takeaways
- Jurors acquit despite evidence of legal guilt.
- Based on conscience rather than strict legal interpretation.
- Highly controversial and legally sensitive.
Understanding Jury Nullification
Jury Nullification arises from the jury’s power to deliver a verdict without being required to explain its reasoning. While juries are instructed to apply the law as given by the judge, they cannot be punished for acquitting a defendant.
Historically, Jury Nullification has been used in cases involving moral opposition to certain laws, such as laws related to slavery, prohibition, or civil rights. Supporters view it as a safeguard against unjust laws, while critics argue it undermines the rule of law.
Most courts do not inform juries about nullification and may actively discourage it during trials.
Formula (If Applicable)
There is no formula, but Jury Nullification typically involves:
- Evidence of legal violation
- Juror moral disagreement with the law
- A not-guilty verdict despite evidence
Real-World Example
A jury acquits a defendant charged under a law perceived as discriminatory, despite clear evidence of a technical violation—an instance of Jury Nullification.
Importance in Business or Economics
Jury Nullification matters for business and economics because it:
- Introduces unpredictability in jury trials.
- Affects risk assessment in litigation.
- Highlights tensions between law, morality, and enforcement.
Businesses involved in jury trials must consider the potential influence of public sentiment on verdicts.
Types or Variations
- Conscience-Based Nullification
- Political or Social Protest Nullification
- Sympathy-Based Nullification
Related Terms
- Jury Trial
- Rule of Law
- Judicial Discretion
Sources and Further Reading
- Cornell Law School – Legal Information Institute
- Criminal Law Textbooks
- Harvard Law Review
Quick Reference
- Jury power to acquit despite law.
- Based on moral judgment.
- Controversial but historically significant.
Frequently Asked Questions (FAQs)
Is Jury Nullification legal?
Jurors cannot be punished for verdicts, but courts discourage the practice.
Do judges allow juries to consider nullification?
Generally no; juries are instructed to follow the law.
Does Jury Nullification still happen today?
Yes, though it is rare and unofficial.
