What is it?

Jury nullification happens when a jury returns a Not Guilty verdict even though the jurors do believe without reasonable doubt that the defendant has in fact broken the law. Since the Not Guilty verdict cannot be overturned and the jurors cannot be punished for their own verdict, the law is said to be nullified. This can happen because the jury wants to send a message that is larger than the case itself. This could be because of a larger social issue at play and the outcome dictated by the law goes against the jury’s sense of morality, ethics, and principles. 

Jury nullification is not a legal function of the jury. It is inconsistent with the duty of the jury to return a verdict based on the facts of the case. The counsel is not required to present the concept of jury nullification to the jury, making it a rare necessity. But, a jury verdict is impenetrable even when the verdict is inconsistent with the evidence brought before the court. 

Pros

There are several positive aspects of jury nullification. First, it can be used as a form of moral justice. For example, if a person attacks another person for invading their home, are they really guilty? Jury nullification allows for the attacker to be found not guilty, because they argue the attacker is justified in his actions because an intruder came into their house. Second, jury nullification permits personal bias from the jurors to enter the courtroom. Jurors more commonly trust expert testimony from official law enforcement and prosecutors. Jury nullification allows for the “will of the people” to be established within the courtroom. The process also allows for checks and balances within the justice system. The jurors are able to have the final say without the influence and opinion of the judge. Even during pre-trial questioning, a juror is not required to be honest about their pursuit of jury nullification. 

Cons

On the other hand there are various negative features of jury nullification. First, jurors that are instructed to nullify often do so. Therefore, judges often tell jurors not to conduct research on their particular case, in order to decrease the chance of jury nullification. Second, jury nullification can stop prosecutors from pursuing defendants that are most likely guilty. Prosecutors are prevented from pursuing chargers if an individual is found to be not guilty by the jury. This means that guilty individuals may not end up in prison. Finally, what is it to say that the members of the jury are able to make an informed decision about how just laws are. Jurors are randomly selected and therefore people are able to make the argument they are not qualified to make an educated informed decision.