Jury nullification facts for kids

Jury nullification means a knowing and deliberate ignoring of evidence or a refusal to apply the law as explained in the jury instructions. A jury may feel the application of the law is unfair, unjust or is immoral in some way. Or, they may want to "send a message" about some social issue. Jury nullification is not a legal function of a jury and is not usually considered to be consistent with a jury's duty to judge a case on the facts and the law.

It is clear that juries do have the power to nullify. But do they have the right to nullify is another question. Once the verdict of "Not Guilty" is returned, double jeopardy applies and the defendant cannot be tried again. If a judge learns that a juror intends to nullify the verdict, the judge has the right to remove that juror. Typically, jurors are not told by the court that they have the power to nullify. That has both good points and bad. Judges fear if they told jurors they would have jury anarchies on their hands with jurors doing whatever they please. However, jury nullification can provide valuable feedback and can sometimes do some good if used wisely.

Images for kids

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  A 19th-century jury

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  Even prior to Bushel's Case, Sir Nicholas Throckmorton, a non-Episcopalian English Dissenter, or Nonconformist, outside the established Church of England, was acquitted by a jury despite hostility of the judges.

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  Plaque at the Old Bailey

See also

In Spanish: Nulificación juratorial para niños