Jury nullification is the term for when a jury declines to convict a defendant despite overwhelming evidence of guilt. This can be a form of civil disobedience, a political statement against a specific law, or a show of empathy and support to the defendant.

“It’s not a legal defense sanctioned under the law,” said Cheryl Bader, associate professor of law at Fordham School of Law. “It’s a reaction by the jury to a legal result that they feel would be so unjust or morally wrong that they refuse to impose it, despite what the law says.”

  • Josey_Wales@lemm.ee
    link
    fedilink
    English
    arrow-up
    2
    arrow-down
    1
    ·
    7 hours ago

    If all vote not guilty it’s called an acquittal. If that happens, despite overwhelming evidence of guilt, it is jury nullification ending in an acquittal. If a mistrial happens, meaning the jury cannot reach a verdict, despite overwhelming evidence of guilt, it is jury nullification ending in a mistrial.

    Source: I have been a public defender in NYC for 15 years.

    • dhork@lemmy.world
      link
      fedilink
      English
      arrow-up
      1
      ·
      edit-2
      7 hours ago

      Oh good, you actually know what you are talking about.

      Quick question: when the jury renders a verdict, is is only “thumbs up/thumbs down”? Or do they need to give any justification? Can they flat out say “The evidence is overwhelming, but we find the defendant Not Guilty because he is oh, so pretty!” and have that stand up? Or do they simply say “Not Guilty” and we never find out why?

      • Josey_Wales@lemm.ee
        link
        fedilink
        English
        arrow-up
        2
        arrow-down
        1
        ·
        7 hours ago

        This is New York State specific. When the verdict is announced the jury foreperson announces it in open court after it is shown to the presiding judge. At that point the defense Alan request to poll the individual jurors. Occasionally, there is a discrepancy.

        Jury deliberations are secret prior to the verdict being announced. Once announced jurors are free to say whatever they want but cannot be compelled.