Can you be prosecuted for jury nullification?
Nullification is not an official part of criminal procedure, but is the logical consequence of two rules governing the systems in which it exists: Jurors cannot be punished for reaching a “wrong” decision (such as acquitting a defendant despite their guilt being proven beyond a reasonable doubt).
What happens if you mention jury nullification?
If the judge believes that a juror is thinking about nullification, they will likely remove that juror. But if the juror simply has doubts on the facts of the case, the juror cannot be removed. The inability to discuss jury nullification openly encourages hung juries. So if you must, hang.
How does jury nullification work?
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.
What is jury nullification and how does it work?
What is 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.
Can a defense counsel tell the jury to nullify?
Defendants are not entitled to an instruction that tells the jury of their power to nullify. Closing arguments. Defense counsel might attempt to tell the jury that they have the power to ignore the law, but such attempts are almost always impermissible and result in contempt of court findings. Juror revolt.
Can a not guilty verdict hang the jury?
In what can be said to be a milder form of jury nullification, some of the jurors, or even just one in most cases, can hang the jury by maintaining a Not Guilty verdict even though they believe the defendant broke the law. There is no requirement that jurors must come to a unanimous verdict.
What happens if a juror refuses to obey the law?
Defense counsel might attempt to tell the jury that they have the power to ignore the law, but such attempts are almost always impermissible and result in contempt of court findings. Juror revolt. A prosecutor might attempt to have a juror discharged whom the government thinks is engaging in nullification.