Jury nullification is a common law legal principle which is based on the idea that a jury has the power to decline to convict a defendant if they disagree with the law they are being asked to judge or if they find the punishment to be inappropriate for the crime in question. Essentially, jury nullification occurs when a jury, through its verdict, nullifies a law by acquitting a defendant accused of breaking that law, even if they think the accused is guilty.
History of Jury Nullification
Jury nullification has been a controversial issue in the United States since the dawn of the Republic. Though it is rarely mentioned in criminal trials today, jury nullification was used by Americans in the early 1700s to protest unfair taxation levied by the British crown, and it was used to uphold slavery in some areas before the Civil War. In modern times, jury nullification is increasingly being used to prevent draconian punishments such as the mandatory minimum sentences that are common in the criminal justice system.
Modern Examples of Jury Nullification
In recent years, some juries have been urged to use jury nullification to prevent draconian punishments mandated by mandatory minimum sentences. In 2018, for example, a jury in Texas nullified the law when they refused to convict a woman for possession of trace amounts of cannabis. The jury’s decision to acquit the defendant set a precedent that has now been repeated in other states. In another recent case, jurors in New Hampshire nullified the law by refusing to convict a man who had posted a political protest sign on someone else’s property.
Benefits and Drawbacks to Jury Nullification
The potential benefits of jury nullification include a more just criminal justice system, as traditionally those most impacted by the laws of the State are the poorest and most marginalized, and the ability to prevent laws from being unconstitutionally and arbitrarily applied. Additionally, the jury’s decision in a given case can reflect the public consensus and steer legislators in the direction that society desires. On the other hand, there are drawbacks to jury nullification, such as the fact that it is unelected and unaccountable. Moreover, it can lead to unequal outcomes in a justice system that often operates outside the confines of its own rules.
Conclusion
Jury nullification is an important legal principle that has been around since the dawn of the republic. The concept has become increasingly important in modern times as juries have used it to prevent draconian punishments that are mandated by mandatory minimum sentences. While jury nullification can serve an important purpose in preventing unjust laws from becoming a reality, it is also subject to abuse as it is unelected and unaccountable.