In the early 1800s , nullification was practiced in cases brought under the Alien and Sedition Act. In the mid 1800s, northern juries practiced nullification in prosecutions brought against individuals accused of harboring slaves in violation of the Fugitive Slave Laws.
When was jury nullification used?
Jury nullification was practised in the 1850s to protest the federal Fugitive Slave Act, which was part of the Compromise of 1850. The Act had been passed to mollify the slave owners from the South, who were otherwise threatening to secede from the Union.
Is it illegal to tell a jury about jury nullification?
For the most part, the answer is no.
You should NOT discuss jury nullification with your fellow jurors . It is well-established that it is perfectly legal for a juror to vote not guilty for any reason they believe is just.
How often does jury nullification happen?
A jury nullification advocacy group estimates that 3–4% of all jury trials involve nullification , and a recent rise in hung juries (from an average of 5% to nearly 20% in recent years) is seen by some as indirect evidence that juries have begun to consider the validity or fairness of the laws themselves (though other ...
Why is informing a jury of nullification illegal?
Because the Not Guilty verdict cannot be overturned , and because the jurors cannot be punished for their verdict, the law is said to be nullified in that particular case. A prospective juror may not recuse themselves. Their fitness is determined by the court.
What are the limits of jury nullification?
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.
What happens if you mention jury nullification?
In response, the judge falsely told them: “ There is no such thing as valid jury nullification . Your obligation is to follow the instructions of the Court as to the law given to you. You would violate your oath and the law if you willfully brought in a verdict contrary to the law given you in this case.”
What happens if one juror says not guilty?
If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts . A hung jury does not imply either the defendant’s guilt or innocence. The government may retry any defendant on any count on which the jury could not agree.”
Do all 12 jurors have to agree?
When the jury struggles to all agree on the same verdict, the judge may decide that a verdict can be returned if a majority of the jury can reach an agreement . This is known as ‘majority verdict’ and normally means that the judge is content to receive a verdict if 10 or more of the 12 jurors are in agreement.
How can jury nullification be prevented?
Courts recently have been reluctant to encourage jury nullification, and in fact have taken several steps to prevent it. ... Most judges also will prohibit attorneys from using their closing arguments to directly appeal to jurors to nullify the law.
What is the opposite of jury nullification?
While this charge can easily be leveled against traditional nullification, the difference with reverse jury nullification is that, instead of sending a guilty defendant home, an innocent defendant goes to jail.
How is jury nullification legal?
Jury nullification is legal according to the U.S. Supreme Court , but whether or not juries need to be instructed on this right is a different matter. ... Hence, once a jury finds a defendant not guilty, there is no mechanism for a prosecutor to bring the case against the same defendant again.
Does jury nullification have to be unanimous?
Because the Not Guilty verdict cannot be overturned, and because the jurors cannot be punished for their verdict, the law is said to be nullified in that particular case. ... There is no requirement that jurors must come to a unanimous verdict .
What happens if a judge disagrees with the jury?
A JNOV is appropriate only if the judge determines that no reasonable jury could have reached the given verdict. ... The reversal of a jury’s verdict by a judge occurs when the judge believes that there were insufficient facts on which to base the jury’s verdict or that the verdict did not correctly apply the law .
Can a judge overrule a jury?
A judgment notwithstanding the verdict (or JNOV) is an order by a judge after a jury has returned its verdict. The judge can overturn the jury’s verdict if he or she feels it cannot reasonably be supported by the evidence or if it contradicts itself.
Is nullification legal?
Nullification is usually considered to be an act by a state finding a federal law unconstitutional, and declaring it void and unenforceable in that state. A nullification act often makes it illegal to enforce the federal law in question.
