Can a jury refuse to convict?
Asked by: Marquis Hilpert | Last update: February 7, 2026Score: 4.2/5 (13 votes)
Yes, a jury can refuse to convict through jury nullification, a process where jurors consciously disregard the law or evidence and return a "not guilty" verdict, often because they find the law unjust, the punishment too harsh, or the application unfair, though it's a controversial power not officially sanctioned in all jurisdictions. This power stems from their ability to deliver a general verdict, and because acquittals can't be appealed, jurors effectively "nullify" the law for that specific case.
Can a jury choose not to convict?
Jurors may do this because they disagree with the law itself or believe applying it would result in an unjust outcome. Even if a defendant's conduct technically violates a statute, jurors can decide not to convict if they feel the law is unjust, disproportionately punitive, or improperly applied.
What happens if a juror refuses to agree?
This situation is a mistrial, sometimes referred to as a "hung jury," and may mean the case goes to trial again with a new jury.
What disqualifies you from jury duty in Arkansas?
In Arkansas, jury duty exemptions aren't automatic for most, but you can be excused by a judge for health issues, primary caregiving responsibilities (especially for children or the elderly), being 80 or older (voluntary), or undue hardship like extreme travel/financial burden; however, occupation (doctors, teachers, etc.) isn't an exemption, and you must request excusal to the court for specific conflicts or hardships.
Can a judge overrule a jury in a criminal case?
In any trial the judge is the ultimate decision maker and has the power to overturn a jury verdict if there is insufficient evidence to support that verdict or if the decision granted inadequate compensatory damages.
Juror Refuses To Convict Black Defendant In Murder Mistrial
Who has more power, a judge or jury?
In federal court, the jury decides the verdict. It's the judge's job to act as referee, ruling on issues of law before and during the trial. Federal judges keep up to date on many laws and rules such as: Federal Laws.
What is the best excuse to avoid jury duty?
The best ways to get out of jury duty involve seeking official exemptions for valid reasons like age (over 70/75), medical conditions (with a doctor's note), primary childcare (under 6), or financial hardship (demonstrable income loss), or requesting a deferral online or by mail with supporting documents. During selection (voir dire), be honest about biases or situations (like family tragedy, travel) that prevent impartiality, as attorneys often excuse jurors who openly struggle with fairness, but avoid outright lying, which can backfire.
How much do jurors get paid in Arkansas?
Payment Amounts and Length of Service
Jurors seated to hear the trial are paid $50.00/day. Those who report but are not selected are paid $15.00/day. Checks are run monthly for those seated or reported. Length of Service – Most trials are one to four days, with some exception.
What are two things jurors should never do?
Jurors should never discuss the case with anyone outside the jury (including family/friends) or conduct their own investigation, like visiting the scene or looking up info online, as the verdict must be based solely on courtroom evidence; these actions risk introducing bias and jeopardizing the trial's fairness. Another critical "never" is to decide by chance, such as by flipping coins, which makes a verdict illegal.
Do all jurors have to agree to convict?
Most of the concern over unanimity in verdicts arises from criminal trials. A long history of case law and Constitutional interpretation establishes that criminal trials must have 12 jurors. In federal court, juries must reach a unanimous verdict in all criminal proceedings.
Has a judge ever overturned a jury verdict?
Yes, judges can and do overturn jury verdicts, though it's rare, usually when there's insufficient evidence for the verdict, the verdict is against the weight of the evidence (showing passion or prejudice), or due to significant legal errors during the trial, allowing for motions like Judgment Notwithstanding the Verdict (JNOV) or ordering a new trial, especially in criminal cases where a conviction might be overturned but not an acquittal.
Why can a juror be dismissed?
There is usually a specific reason that a person may not be part of a particular jury because it may appear that they simply cannot be a fair and impartial juror for this case. For example, a juror who is related to or employed by one of the parties in the case may be excused for cause.
Is not guilty better than dismissed?
While both are great outcomes, an acquittal ("not guilty" verdict) is generally considered stronger because it's a final declaration of innocence after a trial, while a dismissal stops the case without ruling on guilt and might allow refiling unless it's "with prejudice" (permanently closed). An acquittal means the prosecution failed to prove guilt beyond a reasonable doubt; a dismissal means the case ended for other reasons, like insufficient evidence or procedural issues, but doesn't formally declare innocence, though it avoids conviction.
What proof is required for a conviction?
The California court applies the clear and convincing evidence standard in personal injury cases in which the plaintiff is seeking compensatory damages and punitive damages. The highest standard of proof, beyond a reasonable doubt, is what the courts require in criminal cases in the state.
How often do juries convict?
They found that judges and juries agreed on the appropriate verdict in 78% of the jury trials examined, with juries being more lenient than judges in 19% of the trials and more severe than judges in just 3% of the cases.
What not to say during jury selection?
DON'T oversell your case in voir dire
If a judge gives you a chance to do a mini opening before you ask the jury any questions, DON'T oversell your case. Mini-openings seem like a great way to win over your jury, but it's a huge mistake: mini-openings can be disastrous when done the wrong way!
At what age are you exempt from jury duty in Arkansas?
Is there an age limit to serve as a juror? In the State of Arkansas, anyone eighteen (18) years of age or older is eligible to serve, however, Arkansas does have a voluntary exemption for a person who is eighty (80) years of age or older.
What happens if I fall asleep during jury duty?
If you fall asleep during jury duty, the judge can have you woken up, repeated information, or even dismiss you and replace you with an alternate juror, potentially leading to a mistrial or new trial if you missed crucial evidence, though a short nap might just result in being gently roused, while repeated offenses or missing significant testimony can lead to being removed or even facing contempt of court.
Is anxiety a valid excuse for jury duty?
A jury duty medical excuse letter should include: Your full name (and date of birth or juror ID, if applicable) A general description of the medical condition (e.g., “recovery from surgery” or “generalized anxiety disorder”)
What to say if you don't want to go to jury duty?
To get out of jury duty, you must request an excuse from the court with a valid reason like medical issues, extreme financial hardship, or primary caregiver duties for young children/dependents, providing documentation if needed, as simply not wanting to go isn't enough; you can write to the clerk or use an online portal, explaining your specific situation to the judge.
Who is more powerful, a judge or a jury?
Moreover, judges' fact-finding decisions are typically framed as “norm enforcement” and assumed to be more rational and objective than those of jurors.
What is the shortest time a jury has deliberated?
According to the Guinness Book of World Records, the shortest jury deliberation ever is one minute. On July 22, 2004, a New Zealand jury took one minute to acquit a defendant charged with cultivating cannabis plants.
Can a judge ignore a jury verdict?
A judgment notwithstanding the verdict (JNOV) is a judgment by the trial judge after a jury has issued a verdict, setting aside the jury's verdict and entering a judgment in favor of the losing party without a new trial.