If you want to nullify a law as a member of a jury, don’t talk about jury nullification:

  • during jury selection
  • during the trial
  • in private with any other jury member
  • during verdict deliberation

There is no Michael Scott moment where you “declare nullification”.

Even if the defendant is on camera and appears to commit the crime; if the defendant admitted to committing the crime; if the defendant shook your hand and said, “send me to prison, I’m guilty” — you simply decide that you did not see sufficient evidence that the defendant is guilty.

The moment you talk about jury nullification, you will be removed from the jury and/or cause a mistrial.

Just a friendly tip to those who want to serve their civic duty!

  • TerminalEncounter [she/her]@hexbear.netEnglish
    40·
    6 days ago

    During jury selection, they can’t ask you directly about jury nullification but they’ll ask something like “do you have any beliefs that will cause you to decide this case except solely on the evidenc/according to the law.” If you believe in jury nullification, the answer is technically “yes” (good way to get out of jury duty). You’re also supposed to follow the judge’s jury instructions after the arguments.

    But no one else is in that room, deliberations are private. And once the jury has rendered their verdict or whatever it’s called, the matter is decided. No double jeopardy, no review.