Jury nullification: the civil right you're not supposed to know you have...

In a criminal trial, after both sides have presented their evidence and given closing argument, a jury has two basic choices: "guilty" or "not guilty." In effect, they are asked to pass on the law as it applies to the person on trial. Before retiring to deliberate, the judge reads the jury a set of instructions, which tell the jury to find the defendant guilty if the state proves its case beyond a reasonable doubt, and to acquit if they don't. However, that's only half the story.

In addition to a jury's right to pass on the guilt or innocence of the defendant, the jury ALSO has the right to decide whether or not the law for which the defendant is on trial is a bad law, if applied to the defendant. Here's an example. Many people believe that marijuana should be decriminalized. Hence, a jury comprised largely of such people might well find a defendant "not guilty" of marijuana possession... not because they believe the defendant didn't possess it, but because they don't believe he should be punished for it. This principle is known as jury nullification.

In other words, a jury has an absolute right to do one of two things:
1. follow the court's jury instructions-
find the defendant "guilty" or "not guilty", based on the law, OR

2. jury nullification-
find the defendant "not guilty" because the law shouldn't be applied to him.

Here's the truly interesting part. Though the court instructs jurors as to their duty to follow its instructions, it DOES NOT inform them as to their absolute right to jury nullification. A defense lawyer who argues jury nullification may well find himself held in contempt of court (i.e., since such an argument goes against the court's instructions). In fact, appellate courts have held that jury nullification is an absolute civil right that jurors enjoy, but one for which they are not entitled to be instructed!!! Juries can do it, but they can't be told about it.

The good news is that juries, throughout history, have been able to utilize this right in a variety of cases. For example, during the Civil War, juries in northern states were asked to decide cases in which defendants were criminally charged with harboring runaway slaves. However, juries routinely acquitted these defendants, even though it was clear that they were guilty.

So now you have something to think about, if you ever serve on a jury. Even though the court won't inform you, you have an absolute right to jury nullification, and to inform your fellow jurors in that regard. Use it wisely.