Can jurors be punished for jury nullification?
Asked by: Gabe Kulas | Last update: May 12, 2026Score: 4.9/5 (19 votes)
No, jurors generally cannot be punished for exercising jury nullification (returning a "not guilty" verdict despite believing the defendant broke the law) once a verdict is rendered, as courts uphold the principle that jurors cannot be penalized for their verdicts. However, courts can remove jurors during deliberations if they openly advocate for nullification, as judges often discourage it, viewing it as a breach of oath before a decision is finalized.
Can you be punished for jury nullification?
Nullification is not an official part of criminal procedure, but is the logical consequence of two rules governing the systems in which it exists: Jurors cannot be punished for the verdict they make.
Can you do jury duty if you know about jury nullification?
Please do not assume that because you are fully informed about jury nullification that you cannot get on the jury! We strongly recommend erring on the side of trying to get on the jury, perhaps even longer than you think you should, rather than trying to inform other jurors.
Can a judge overrule a jury nullification?
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.
Do all jurors have to agree for jury nullification?
In what can be said to be a milder form of jury nullification, some of the jurors, or even just one in most cases, can hang the jury by maintaining a Not Guilty verdict even though they believe the defendant broke the law. There is no requirement that jurors must come to a unanimous verdict.
Can Jurors Be Punished For Jury Nullification? - Your Civil Rights Guide
Can a juror tell other jurors 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.
Why don't judges like jury nullification?
Judges often oppose jury nullification because it undermines the rule of law, creating legal instability, arbitrariness, and inconsistency, essentially letting jurors act as unelected lawmakers or judges by ignoring established statutes and evidence. They see it as a perversion of their duty to uphold the law and fear it disrupts the judicial system's integrity, allowing personal biases or emotions to override legal principles, potentially leading to unjust outcomes or anarchy, despite arguments that it can serve as a check on unjust laws.
In what states is jury nullification legal?
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.”
What are the negatives of jury nullification?
Risk of Bias: Jurors' personal biases, conscious or unconscious, could influence their decision to nullify, potentially leading to unjust outcomes. Undermining the Legal System: Some argue that jury nullification disrupts the rule of law by allowing jurors to disregard legal standards in favor of personal beliefs.
Are lawyers allowed to bring up jury nullification?
In many courts, judges forbid attorneys from even mentioning jury nullification. Additionally, there are arguments that it would be unethical as an officer of the court to try to get the jury to do something outside its prescribed duties.
What is the first rule of jury nullification?
Jury nullification occurs when jurors refuse to convict a defendant despite believing the State has proven guilt beyond a reasonable doubt. Jurors may do this because they believe the law is unjust, too harsh, or that a conviction would produce an unfair result.
What is the best excuse to get out of jury duty?
The best ways to get out of jury duty involve claiming legitimate exemptions (like being over 70, a primary caregiver, or a student) or demonstrating undue hardship (serious medical issues, financial strain, or prior jury service), usually by contacting the court with supporting documentation like a doctor's note or employer letter, or by being honest about biases during voir dire (jury selection) so attorneys strike you; however, making extreme false statements can backfire, and the court always makes the final decision.
What are two things jurors should never do?
Two critical things jurors should never do are research the case or visit the scene independently, and discuss the case with anyone outside the jury, including family, friends, or on social media, to ensure the verdict relies solely on evidence presented in court. Violating these rules, like becoming an "amateur detective" or getting outside opinions, can lead to a mistrial because it introduces biased information, according to the California Courts website and the Western District of Pennsylvania court guide.
Has jury nullification ever worked?
Kalven's and Zeisel's study of the American jury found that juries acquitted when judges would have convicted in only 19% of cases, and of these, only 21% of the acquittals were attributable to jury nullification.
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.
Was OJ Simpson an example of jury nullification?
However, the verdict in the case of People v. O.J. Simpson was not jury nullification. Those who suggest it was simply have not listened to the jurors' explanation of their verdict.
How many jurors to nullify?
In some cases involving jury nullification, one or more jurors may vote to acquit a defendant, refusing to allow for a unanimous "guilty" verdict. Judges will usually encourage a jury to deliberate further and attempt to reach a unanimous verdict.
What is the most famous case of jury nullification?
Ten Interesting Tales of Trials Decided by Jury Nullification
- Wild Bill Hickok vs. ...
- Democracy on Trial: The Morgentaler Affair.
- The John Peter Zenger Trial (1735) | Printer Charged With “Seditious Libel”
- Bushel's Case and the Independence of Juries | Legal Landmarks.
- The Real Reason O.J. Simpson Was Acquitted Of Murder.
Why do judges not like jury nullification?
Judges often oppose jury nullification because it undermines the rule of law, creating legal instability, arbitrariness, and inconsistency, essentially letting jurors act as unelected lawmakers or judges by ignoring established statutes and evidence. They see it as a perversion of their duty to uphold the law and fear it disrupts the judicial system's integrity, allowing personal biases or emotions to override legal principles, potentially leading to unjust outcomes or anarchy, despite arguments that it can serve as a check on unjust laws.
Why can't you say jury nullification?
That means that if the jurors violate their oath to uphold the laws and follow the legal instructions, no one will know that's what happened. You aren't allowed to argue for nullification because it is literally asking the jury to ignore their oath.
Can a juror be removed during deliberation?
Once deliberations have begun, discharge of a juror is warranted only in the most extreme situations where it can be shown that the removal of the juror (1) is necessary for the integrity of the process, (2) does not prejudice the deliberations of the rest of the panel, and (3) does not impair the party's right to a ...
Can you be a juror if you know about jury nullification?
you will never get on a jury, if you state you believe in a jury's right to nullify. If the judge doesn't remove you, the counsel or prosecutor will. Not, because its illegal; not because its unlawful.
Can a judge tell jurors about nullification?
Juries have the power to nullify, but not the right. As a result, judges do not instruct jurors on nullification. If jurors learn about this power, they can exercise it. However, if they indicate their intentions during deliberations, they can be removed from the jury.
Can one juror cause jury nullification?
Note: A finding of guilt in a criminal trial requires all twelve jurors to unanimously vote that the defendant is guilty; therefore, it only takes one juror in a criminal trial to invalidate the verdict by way of jury nullification.