Jury nullification

Jury nullification is a jury's refusal to render a verdict according to the law, as instructed by the court, regardless of the weight of evidence presented. Instead, a jury bases its judgment on other grounds. Historically, examples include the unjustness of the law, injustice of its application, the race of a party, or the jury?s own common sense.

Related Topics:
Jury - Verdict - Law - Instructed - Court - Evidence - Judgment - Race - Party - Common sense

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Jury nullification is a de facto power of the jury, and is not ordinarily described as a right. The power of jury nullification derives from an inherent quality of most modern common law systems—a general unwillingness to inquire into jurors' motivations during or after deliberations. A jury's ability to nullify the law is further supported by two common law precedents: the prohibition on punishing jury members for their verdict, and the prohibition on retrying criminal defendants after an acquittal (see related topic Double jeopardy).

Related Topics:
De facto - Right - Common law - Motivation - Deliberation - Precedent - Criminal - Acquittal - Double jeopardy

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Jury nullification is the source of much debate. Some maintain that it is an important safeguard of last-resort against wrongful imprisonment and government tyranny. Others view it as an abuse of the right to a trial by jury that undermines the law and violates the oath sworn to by jurors.

Related Topics:
Trial by jury - Oath

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Nevertheless, few doubt the ability of a jury to nullify the law. Today, there are two primary issues raised by jury nullification. First, whether juries can or should be instructed or informed of their power to nullify. Second, whether a judge may remove jurors "for cause" when they refuse to apply the law as instructed.

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