Jury Nullification: Cause and Effect

A juror's job is to make decisions regarding the facts of the case and apply the law to the facts. They do not have a say in what the law is—that job belongs to lawmakers. But sometimes jurors don't stick to the script.

What Is Jury Nullification?

A trial jury is supposed to serve only as a "fact finder"—that is, to evaluate the veracity of witnesses and the strength of evidence presented at trial, and then apply the law to that evidence in order to reach a verdict. The jury isn't supposed to decide what the law is—or what it should be. Their disagreement with a law, sympathy for a victim, feelings about a particular crime, or distaste for the defendant shouldn't come into play. The task of the jury is to follow the law—as presented to them—and make a dispassionate evaluation of the defendant's guilt.

Jury nullification occurs when a trial jury reaches a verdict that is contrary to the letter of the law because the jurors either:

• disagree with the law under which the defendant is prosecuted, or
• believe that the law shouldn't be applied in the case at hand.

How Jury Nullification Works

Jury nullification takes place when jurors acquit a defendant who is factually guilty because they disagree with the law as written. For example, during Prohibition, juries who disagreed with alcohol control laws often acquitted defendants who had been caught red handed smuggling alcohol.

Jury nullification also occurs when a jury convicts a defendant because it condemns the defendant or their actions, even though the evidence at trial showed that the defendant technically didn't break any law. For example, all-white juries in the post-civil war South routinely convicted Black defendants accused of sex crimes against white women despite minimal evidence of guilt.

In the modern era, jury nullification is most common in drug cases, where some jurors refuse to convict on drug possession charges either because they believe in legalization or feel that the drug laws discriminate against certain groups.

The Effect of Jury Nullification

A jury's verdict only decides the particular case before the court in that trial—it doesn't change the law. But a consistent pattern of acquittals for prosecutions of a certain offense can have the practical effect of invalidating a statute. In fact, the pattern of jury nullification in alcohol prosecutions contributed to the adoption of the 21st Amendment, which repealed Prohibition.

Do Jurors Get Away With Ignoring the Law?

Jury nullification has happened since the beginning of the trial system and persists because of a number of idiosyncrasies in the legal system that are designed to protect the integrity of the jury process. The American jury system doesn't require jurors to give their reasons for reaching a verdict. The law limits the courts' ability to inquire into jurors' motivations during or after a verdict.

Jurors cannot be punished for their verdict, even if they reached it improperly. In addition, someone acquitted because of jury nullification cannot be tried again for the same crime because of the prohibition against double jeopardy. On the other hand, a conviction reached via nullification can be overturned on appeal or voided by a judge in some jurisdictions.