Jury Nullification

Written By Jonathan Milner

Definition

Jury nullification is when a jury acquits a defendant who is factually guilty because they believe the law itself is unjust, too harsh, or misapplied, essentially disregarding the law in favor of their own sense of justice or morality. While not an officially sanctioned legal right, juries retain the inherent power to deliver an independent verdict, and a not guilty verdict based on nullification cannot be overturned. Read about a pattern of jury nullification going on in protest of Donald Trump’s imposition of federal troops in Los Angeles and Washington D.C.

Example

 
"No Bill": Also referred to as "not a true bill," the "no bill" is the decision by the grand jury not to indict a person.
 

Questions

  1. Translate jury nullification into English language that a classmate of yours would understand.

  2. Give an example of how jury nullification works?

  3. Recently, D.C. grand juries have failed to convict three people who were likely guilty because the juries were opposed to the authoritarian overreach of the Trump administration. In what way is that an example of jury nullification?

  4. Do you think jury nullification should be illegal?

Remember!

Now, let’s commit this term to our long-term memory. On a scrap piece of paper, take 10 or 20 seconds to draw jury nullification. Draw with symbols or stick figures if you wish. Nothing fancy. Don’t expect a masterpiece. No one else will see this but you. Look at your drawing. That’s all - now it’s downloaded into your memory. Destroy the piece of paper in a most delightful way.

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Jonathan Milner

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