What happens if you know about jury nullification?

In its strictest sense, jury nullification occurs when a jury returns a Not Guilty verdict even though jurors believe beyond reasonable doubt that the defendant has broken the law.

Are jurors told about nullification?

United States written by Justice John Marshall Harlan, the United States Supreme Court held 5 to 4 that a trial judge has no responsibility to inform the jury of the right to nullify laws.

How common is jury nullification?

A jury nullification advocacy group estimates that 3–4\% of all jury trials involve nullification, and a recent rise in hung juries (from an average of 5\% to nearly 20\% in recent years) is seen by some as indirect evidence that juries have begun to consider the validity or fairness of the laws themselves (though other …

Why would a jury engage in jury nullification?

Jury nullification occurs when a trial jury reaches a verdict that is contrary to the letter of the law because the jurors either: disagree with the law under which the defendant is prosecuted, or. believe that the law shouldn’t be applied in the case at hand.

What is jury nullification for dummies?

Jury nullification is a jury on purpose ignoring evidence or refusing to apply the law as explained in the jury instructions. A jury may feel the application of the law is unfair, unjust, or immoral in some way or may want to “send a message” about some social issue.

Can a judge overrule jury nullification?

In addition, someone acquitted because of jury nullification cannot be tried again for the same crime because of the prohibition against double jeopardy. On the other hand, a conviction reached via nullification can be overturned on appeal or voided by a judge in some jurisdictions.

Why does jury nullification happen?

Jury nullification occurs when a jury returns a verdict of “Not Guilty” despite its belief that the defendant is guilty of the violation charged. The jury in effect nullifies a law that it believes is either immoral or wrongly applied to the defendant whose fate they are charged with deciding.

Why is jury nullification important?

Jury nullification has been authorized in the United States since 1895. It gives individuals the right to judge the law, just as they are judging the defendant. For this reason, judges often instruct jurors not to research the case on their own, including whatever punishment may apply.

What happens to a defendant that has been acquitted by jury nullification?

What is nullification law?

Nullification, in United States constitutional history, is a legal theory that a state has the right to nullify, or invalidate, any federal laws which that state has deemed unconstitutional with respect to the United States Constitution (as opposed to the state’s own constitution).