Jury Duty and Nullfication

calmom
Sat, 14 Nov 2009 02:37:44 +0000

The term “jury nullification” generally refers to situation where the jury refuses to impose what they consider an unjust or inappropriate law – not where they refuse to follow the evidence on whim or for some inherent bias. An example would be a jury that acquits a person who possesses marijuana for medical use – the law prohibits possession, the evidence is clear, the defendant testifies that she has cancer and marijuana is the only thing that helps with her pain and nausea – the judge instructs the jury that the defendant’s medical condition is irrelevant and not a defense to the charge – and the jury nonetheless acquits.

I do think that if you feel unable to carry out the responsibilities of a juror in an impartial manner, you should tell the judge – simply say that you have strong beliefs about the criminal justice system that make it impossible for you to be fair. Let the lawyers or the judge ask follow up questions and answer them directly and truthfully, but don’t give speeches.