Jury Nullification

Definition and Concept

• Jury Nullification: Occurs when a jury, despite believing the defendant is guilty beyond reasonable doubt, chooses to acquit the defendant because they believe the law is unjust or the punishment is inappropriate.
• Jurors can nullify the law and let the defendant go free.

Legal Implications

• Legal Advice Warning: The video emphasizes that it is not providing legal advice and is for entertainment purposes only.
• Jury Protections:
  • Juries cannot be punished for their verdicts, even if they disregard the evidence.
  • Once a defendant is acquitted, they cannot be tried again for the same crime (double jeopardy).

Philosophical Debate

• Debated in legal circles like quantum mechanics in physics.
• Arguments For: Seen as the righteous will of the people, such as in cases like the Fugitive Slave Law where northern juries refused to convict escaped slaves.
• Arguments Against: Considered anarchy in instances like southern juries refusing to convict lynch mobs.

Types of Nullification

• Acquittal Nullification: Jurors acquit despite evidence of guilt.
• Conviction Nullification: Jurors convict without evidence; judges can overturn such a verdict.

Practical Challenges

• Jurors discussing nullification can face legal risks, especially if trying to influence other jurors.
• Juror Selection: Lawyers avoid jurors who might nullify by asking about beliefs preventing decision-making based strictly on the law.
• Perjury Risk: Lying to get on a jury to nullify is perjury, a federal crime.

Systemic Implications

• Knowledge Effects: Informing jurors about nullification can alter verdicts, often based on sympathy for the defendant rather than evidence.
• Trial Reality: 95% of criminal charges in the U.S. end in plea bargains, not trials.

Courts' Stance

• Generally, courts do not inform jurors about the possibility of nullification, as it may undermine the law’s application.

Conclusion

• Jury nullification remains a contentious and complex issue within the legal system.
• The system relies on the fairness of courts but acknowledges nullification as an inherent element of the jury system.