What is jury nullification and how does it work?

Jury nullification takes place when jurors acquit a defendant who is factually guilty because they disagree with the law as written. For example, juries who disagree with marijuana laws might acquit defendants who had been caught red handed with marijuana.

Is it illegal to mention jury nullification?

According to the U.S. Supreme Court, juries have no right to ignore the law when rendering the jury’s verdict. However, nullification still occurs in certain cases. … Some judges forbid any mention of jury nullification in the courtroom.

What causes jury nullification?

Jurors may wish to nullify for a number of reasons, including a belief that the law is unjust or unjustly applied, belief that the penalty for violating the law is too harsh, or belief that there are mitigating circumstances that would make strict enforcement of the law unjust in a particular case.

Which states allow jury nullification?

Far from being an unintended side-effect, jury nullification is explicitly authorized in the constitutions of 24 states. The constitutions of Maryland, Indiana, Oregon, and Georgia currently have provisions guaranteeing the right of jurors to “judge” or “determine” the law in “all criminal cases.”

Do all 12 jurors have to agree?

Jurors are NOT required to deliver a verdict for all, some, or any charge at all that they are asked to consider. When jurors report to the judge that they cannot agree in sufficient number to deliver a verdict, the jury is said to be “deadlocked” or a “hung jury”.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.