What does “Jury Nullification” mean?

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I’ve bee watching the Brooks vs state trial, and before he makes his closing argument, the judge tells him NOT to inform the jury of their power to nullify the law.

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Anonymous 0 Comments

A Jury can vote “not guilty” for any reason they deem fit. They are not obligated to make a decision based only on the law and facts — no matter what the judge might say.

Ultimately, the jury is charged with determining whether or not an individual is guilty of a crime, not if they are merely guilty of breaking the law. If the jury feels a law is unjust, they can render a not guilty verdict.

This has both good and bad implications. A good implication is if a jury feels that a law or the associated punishment is unjust, they can just return a not guilty verdict. For example, a law making it illegal to defend yourself from a rapist, or a death sentence for petty theft.

A bad implication is that the jury may feel a law is unjust even if its not. For example, lots of crimes against black people were nullified by racist juries during Jim Crow — and these kinds of things still happen today.

Juries are the ultimate arbiter of justice in our (U.S.) legal system. This serves as a check on government overreach, but does not always result in the just outcome. On balance, it is necessary.

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