Quick Summary: What is jury nullification? Learn about the power of jurors to vote 'not guilty' even when the evidence is clear, and the controversy surrounding it in 2026.
What is Jury Nullification?
Jury nullification happens when a jury returns a 'Not Guilty' verdict because they disagree with the law itself, or believe it's being applied unfairly, even if they believe the defendant did indeed break the law.
Is It Legal?
Yes, it is a byproduct of the US legal system. Jurors cannot be punished for their verdict, regardless of their reasoning. However, judges almost always forbid attorneys from telling jurors about this power.
The Risks for Jurors
While you can't be punished for your verdict, you *can* be removed from a jury during selection if you express an intent to nullify. Judges expect jurors to follow the law as written, even if they dislike it.
Historic Examples
Jury nullification was famously used to acquit those accused of helping escaped slaves during the Fugitive Slave Act, and later during Prohibition for alcohol-related 'crimes'.
Frequently Asked Questions
If you do, you will likely be dismissed from the jury. The system relies on jurors who promise to follow the judge's instructions on the law.
It is rare but still happens, particularly in some drug-related cases or cases involving perceived police overreach.
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