Jury Nullification happens when the jury in a criminal trial gives a verdict of not guilty even though they think a defendant has broken the law. It is also known as conscientious acquittal, juror veto, or jury pardon.
In United States constitutional history, nullification is a legal theory that a state has the right to nullify, or invalidate, any federal laws that they deem unconstitutional with respect to the United States Constitution (as opposed to the state’s own constitution).
Examples in the USA include rejection of the Fugitive Slave Laws and alcohol prohibition.
Presentations you can lead
We created a simple presentation you can copy and lead with your own group explaining the basics:
Want to use for your own workshop? Make a copy here.
Watch a recording of this presentation.
Handouts
Your Jury Rights
Full color, letter size (8½” X 11″), trifold, general purpose brochure explaining the basics about jury nullification. Directs the reader to FIJA’s online quiz educating them about the importance of jury rights and service on a jury.
As a juror, you may vote “Not Guilty” for any reason you believe is just.
Handouts specifically for DC: Jurors Know Your Rights
More on surviving jury selection: FIJA’s article on Doing Your Best to Survive Voir Dire
For further learning:
- Fully Informed Jury Association (fija.org) provides many detailed answers to questions not covered in this briefing
- The Juror Project is an excellent source of information
- ACLU: It’s Perfectly Constitutional to Talk About Jury Nullification
- Watch this video on Jury Nullification