What Is Jury Nullification?

Rumor has it attorneys defending Hunter Biden are hoping for jury nullification at the end of the gun/drug charges trial.  What is jury nullification, and what makes it so attractive in some cases?

Defining Jury Nullification 

Sometimes a jury recognizes that a defendant may reasonably be guilty but chooses to reject the evidence in the case because they believe the result of a guilty verdict would be unjust.  In some situations, they may be trying to send a message about issues larger than the individual case at hand, although they may simply believe that the specifics of this particular case warrant a not guilty verdict in spite of a belief that the law was likely broken by the defendant. Other terms for this process are juror veto, juror pardon, or conscientious acquittal.

Is This Legal? 

While not necessarily encouraged, jury nullification is completely legal. Sometimes prosecutors and/or judges will try to tell juries that jury nullification would be an abdication of their duty, but it is nonetheless a power that juries have, and such verdicts cannot be overturned. One of the most powerful legal minds in the world, Supreme Court Justice Sonia Sotomayor, in fact, publicly stated that she believes there is a place for jury nullification in our justice system. As it stands, one study reveals that in 19 percent of cases juries acquit when a judge would have convicted, and only about one-fifth of these acquittals were a result of jury nullification.

 Do Judges Tell Jurors They Have This Option? 

In a word, no.  Since the late 1800’s courts have been loath to inform juries of jury nullification, let alone encourage it. In fact, in most cases judges tell juries that it is, indeed, their duty to apply the law precisely as it is provided to them, even if they disagree with the law. In fact, some courts have determined that a juror who intends to nullify the law will be removed when reported by another juror. As much as defense teams may wish for jury nullification, they are usually not allowed to propose it in their closing arguments.  Unless a juror already knows about it, it probably won’t happen.

 Historical Nullifications 

Jury nullification has been around for a long time! Alcohol prohibition laws were minimized when juries refused to convict guilty parties who violated laws related to alcohol control, and Fugitive Slave Laws were undermined, as well, when individuals who harbored escaped slaves were not found to be guilty by juries.  More recently, Dr. Jack Kevorkian was not found guilty of murder when his involvement in “mercy killings” was relatively clear. In other situations, juries who believed drug laws were much too harsh have been unwilling to punish minor drug offenders. When law enforcement is rejected, eventually laws around certain matters are simply unenforceable.

Fighting for Best Outcomes

The Las Vegas criminal defense attorneys at Lobo Law always fight for the best possible outcomes for our clients.  To discuss your situation, schedule a confidential consultation today.

Source:

fija.org/library-and-resources/library/jury-nullification-faq/what-is-jury-nullification.html#:~:text=In%20its%20strictest%20sense%2C%20jury,defendant%20has%20broken%20the%20law.