# Can a Defendant (or his Attorney) Ask the Jury to Nullify? **URL:** \ **Category:** Factual Questions\ **Created:** [July 27, 2012, 7:24pm UTC](https://boards.straightdope.com/t/can-a-defendant-or-his-attorney-ask-the-jury-to-nullify/629597 "2012-07-27T19:24:55Z")\ **Posts on this page:** 20\ **Page:** 3
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [July 30, 2012, 5:32pm UTC](https://boards.straightdope.com/t/can-a-defendant-or-his-attorney-ask-the-jury-to-nullify/629597/41 "2012-07-30T17:32:58Z")
> [@Lemur866](#): > > The main use for jury nullification in the United States is for juries to acquit white defendants who murdered black people. Even prosecutors who wanted to wouldn’t bother bringing cases with black victims to trial, because it would be a waste of time. No jury would convict a white man for offenses against a black man. And since juries were made up of eligible voters, and blacks were excluded from voting, juries were all white. > > There’s your “conscience of the community” right there. That might have been the case years ago. Notice that a mixed jury found OJ Simpson, black, not guilty of killing a white woman and a white man, despite his obvious but not proven guilt. Everyone of the comments about juries suggests “but he public at large can be so stupid”. However, many of the comments I read from people who actually served on juries was that in general, people took their jobs seriously, did their job correctly, and performed in the way we’d want juries to perform. They were not stupid. ---
**Author:** ![Lemur866](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lemur866/32/434_2.png) [@Lemur866](https://boards.straightdope.com/u/Lemur866)\ **Post date:** [July 30, 2012, 5:56pm UTC](https://boards.straightdope.com/t/can-a-defendant-or-his-attorney-ask-the-jury-to-nullify/629597/42 "2012-07-30T17:56:25Z")
I’ve served on several juries, and felt everyone took their duties seriously and acted professionally. However, nobody argued that we should forget about what the law said, and instead hold the defendant guilty or innocent depending on our personal prejudices. On the one hand, I think it is fine for jurors to refuse to convict people if they are morally certain that a conviction would be outrageous, even if under the law and the facts the defendant is guilty. On the other hand, the jury shouldn’t consider themselves free to set aside the law on a whim, because to do so means an end to democracy. ---
**Author:** ![mmmbeer](https://avatars.discourse-cdn.com/v4/letter/m/ecb155/32.png) [@mmmbeer](https://boards.straightdope.com/u/mmmbeer)\ **Post date:** [August 1, 2012, 5:00am UTC](https://boards.straightdope.com/t/can-a-defendant-or-his-attorney-ask-the-jury-to-nullify/629597/43 "2012-08-01T05:00:25Z")
Wow, don’t be afraid to voice your prejudice. Actually, today the most used nullification was mentioned in my earlier post… Today in Kentucky, jurors often refuse to convict under the marijuana-prohibition laws. ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [August 1, 2012, 5:27pm UTC](https://boards.straightdope.com/t/can-a-defendant-or-his-attorney-ask-the-jury-to-nullify/629597/44 "2012-08-01T17:27:54Z")
> [@mmmbeer](#): > > Wow, don’t be afraid to voice your prejudice. Actually, today the most used nullification was mentioned in my earlier post… Today in Kentucky, jurors often refuse to convict under the marijuana-prohibition laws. To be fair, that is the downside of jury nullification - that the jury will enforce community standards that may not meet others’ definition of “justice”. ---
**Author:** ![Simple\_Linctus](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Simple\_Linctus](https://boards.straightdope.com/u/Simple_Linctus)\ **Post date:** [August 1, 2012, 9:13pm UTC](https://boards.straightdope.com/t/can-a-defendant-or-his-attorney-ask-the-jury-to-nullify/629597/45 "2012-08-01T21:13:08Z")
> [@Derleth](#): > > Is calling myself an asshole a warnable offense now? damn right it is, you asshole! (seriously, that warning is insane - wtf?) ---
**Author:** ![mmmbeer](https://avatars.discourse-cdn.com/v4/letter/m/ecb155/32.png) [@mmmbeer](https://boards.straightdope.com/u/mmmbeer)\ **Post date:** [September 14, 2012, 1:12pm UTC](https://boards.straightdope.com/t/can-a-defendant-or-his-attorney-ask-the-jury-to-nullify/629597/46 "2012-09-14T13:12:52Z")
> [@md2000](#): > > To be fair, that is the downside of jury nullification - that the jury will enforce community standards that may not meet others’ definition of “justice”. Ever hear “better 100 guilty men go free than one innocent man in jail”? I understand the risk of my friends all being on the jury and letting me go free because of it, though my guilt is clear, but balanced against the threat of the state making things illegal that the community doesn’t believe people should go to jail for, I agree with nullification. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [September 14, 2012, 1:20pm UTC](https://boards.straightdope.com/t/can-a-defendant-or-his-attorney-ask-the-jury-to-nullify/629597/47 "2012-09-14T13:20:13Z")
If the state makes something a crime, the community, by definition, does think people should go to jail for it. ---
**Author:** ![mmmbeer](https://avatars.discourse-cdn.com/v4/letter/m/ecb155/32.png) [@mmmbeer](https://boards.straightdope.com/u/mmmbeer)\ **Post date:** [September 14, 2012, 2:34pm UTC](https://boards.straightdope.com/t/can-a-defendant-or-his-attorney-ask-the-jury-to-nullify/629597/48 "2012-09-14T14:34:19Z")
> [@Really\_Not\_All\_That\_Bright](#): > > If the state makes something a crime, the community, by definition, does think people should go to jail for it. So, why did some people not find runaway slaves guilty and return them to their masters? Why do the people often acquit defendants who are obviously guilty of the crime charged? The state can make any law they like. There is no litmus test or approval by the voters required. The last line of defense against the tyranny of the state is trial by jury, because if the community hears the case and doesn’t believe the accused should go to jail for this crime, they can vote not guilty. ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [September 14, 2012, 2:54pm UTC](https://boards.straightdope.com/t/can-a-defendant-or-his-attorney-ask-the-jury-to-nullify/629597/49 "2012-09-14T14:54:24Z")
> [@mmmbeer](#): > > So, why did some people not find runaway slaves guilty and return them to their masters? > Why do the people often acquit defendants who are obviously guilty of the crime charged? > > The state can make any law they like. There is no litmus test or approval by the voters required. The last line of defense against the tyranny of the state is trial by jury, because if the community hears the case and doesn’t believe the accused should go to jail for this crime, they can vote not guilty. Exactly. Many laws are passed in hysteria (or bought and paid for) when some pressure group wants “immediate action”. Or, mores may change from generation to generation leaving inappropriate laws that are selectively (unfairly) enforced. Just because it made it into law does not mean the overwhelming majority of the community agrees. For example, the largest group of people going onto the sex offender list nowadays - underage teen boys. Not because they are pervs (any more than other men) but because their normal partner of choice tends to qualify them for legal action at 13 to 17, while a 20yo cannot be charged for sex with their age peers. That was not what the law was meant for… ---
**Author:** ![DxZero](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@DxZero](https://boards.straightdope.com/u/DxZero)\ **Post date:** [September 14, 2012, 3:00pm UTC](https://boards.straightdope.com/t/can-a-defendant-or-his-attorney-ask-the-jury-to-nullify/629597/50 "2012-09-14T15:00:46Z")
Apropos of probably nothing, but I can’t help but think back to Matthew McConaughey’s closing argument in \*\*A Time to Kill \*\*, which is about as close as you can get to asking for jury nullification without straight up saying it. I suspect in a less Grisham-y world, the Judge might politely request an audience with Mr. McConaughey in chambers after that little speech. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [September 14, 2012, 3:42pm UTC](https://boards.straightdope.com/t/can-a-defendant-or-his-attorney-ask-the-jury-to-nullify/629597/51 "2012-09-14T15:42:19Z")
> [@mmmbeer](#): > > So, why did some people not find runaway slaves guilty and return them to their masters? > Why do the people often acquit defendants who are obviously guilty of the crime charged? Because _those specific people_ disagreed with the law. You can’t seriously be arguing that 12 people (or as few as six, in some jurisdictions) is a statistically significant sample. I grok your argument about nullification being the last line of defense, but this stuff about the jury representing “the community” is rubbish. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [September 14, 2012, 4:09pm UTC](https://boards.straightdope.com/t/can-a-defendant-or-his-attorney-ask-the-jury-to-nullify/629597/52 "2012-09-14T16:09:57Z")
Can someone provide a recent cite for a jury nullification that was upheld by the courts? ---
**Author:** ![pravnik](https://avatars.discourse-cdn.com/v4/letter/p/8edcca/32.png) [@pravnik](https://boards.straightdope.com/u/pravnik)\ **Post date:** [September 14, 2012, 4:20pm UTC](https://boards.straightdope.com/t/can-a-defendant-or-his-attorney-ask-the-jury-to-nullify/629597/53 "2012-09-14T16:20:36Z")
> [@Czarcasm](#): > > Can someone provide a recent cite for a jury nullification that was upheld by the courts? Probably not - under normal circumstances an acquittal by a jury is the end of the matter, and there’s nothing for the state to appeal. The only excpetion I’m aware of is when the jury was bribed, extorted or otherwise coerced such that the defendant was never in actual jeopardy. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [September 14, 2012, 4:20pm UTC](https://boards.straightdope.com/t/can-a-defendant-or-his-attorney-ask-the-jury-to-nullify/629597/54 "2012-09-14T16:20:52Z")
It’s not really possible. The jury’s reasoning can’t be an issue on appeal. The legal sufficiency of the evidence can be (ie., could a reasonably jury have concluded what they did), but only for the defense; the state can’t appeal a not guilty verdict in and of itself. ETA: ninja’d. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [September 14, 2012, 4:24pm UTC](https://boards.straightdope.com/t/can-a-defendant-or-his-attorney-ask-the-jury-to-nullify/629597/55 "2012-09-14T16:24:37Z")
Has any jury after the fact declared “jury nullification” as the reason for aquittal? ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [September 14, 2012, 4:28pm UTC](https://boards.straightdope.com/t/can-a-defendant-or-his-attorney-ask-the-jury-to-nullify/629597/56 "2012-09-14T16:28:42Z")
Sort of. Bricker discussed the (in)famous Kriho case in his [SDSAB article](http://www.straightdope.com/columns/read/2899/whats-the-story-on-jury-nullification) on nullification: > [@](#): > > …we should note that potential jurors are typically subject to questioning before being chosen for a jury, in a process called voir dire. A juror who can be shown to have lied during this process, perhaps by concealing his views about the laws at issue, can be subsequently charged with a crime, although it won’t affect the verdict rendered in the original case. Even then, it can be an uphill climb for the prosecution, as we learn from the case of Laura Kriho, selected to sit on a Colorado jury in 1996. The defendant was accused of drug possession, and in voir dire Kriho did not mention her own previous conviction on possession charges; she also failed to disclose her membership in something called the Boulder Hemp Initiative Project, a group supporting the legalization of marijuana in Colorado. During jury deliberations, Kriho was the lone holdout for acquittal. She tried to persuade her fellow jurors that drug cases should be handled by the family and community, not by the courts, and that the jury had the right to create new law and to refuse to convict. Ultimately the judge declared a mistrial. After other jurors reported Kriho’s conduct to the judge, she was charged with contempt of court and found guilty. A court of appeals overturned this verdict, finding that the questions posed to Kriho were not specific enough to support a charge of contempt. The appellate judges did opine, however, that “… in certain narrow circumstances, a juror can be found in contempt for the failure to disclose during voir dire information asked for with sufficient specificity.…” ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [September 14, 2012, 4:32pm UTC](https://boards.straightdope.com/t/can-a-defendant-or-his-attorney-ask-the-jury-to-nullify/629597/57 "2012-09-14T16:32:54Z")
> [@Really\_Not\_All\_That\_Bright](#): > > Sort of. Bricker discussed the (in)famous Kriho case in his [SDSAB article](http://www.straightdope.com/columns/read/2899/whats-the-story-on-jury-nullification) on nullification: Iffy at best. I’m looking for something a little more clear cut. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [September 14, 2012, 4:34pm UTC](https://boards.straightdope.com/t/can-a-defendant-or-his-attorney-ask-the-jury-to-nullify/629597/58 "2012-09-14T16:34:36Z")
Well, that’s kind of the problem. A juror who admits he abused his discretion might face contempt charges. ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [September 14, 2012, 4:43pm UTC](https://boards.straightdope.com/t/can-a-defendant-or-his-attorney-ask-the-jury-to-nullify/629597/59 "2012-09-14T16:43:44Z")
So, I’m juror number seven. During deliberations I mention nullification as an interesting philosophical topic. We have also discussed the weather and local sports teams. Juror number nine mentions our nullification discussion to his honor. Am I in trouble? If so, why? ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [September 14, 2012, 4:46pm UTC](https://boards.straightdope.com/t/can-a-defendant-or-his-attorney-ask-the-jury-to-nullify/629597/60 "2012-09-14T16:46:56Z")
> [@Really\_Not\_All\_That\_Bright](#): > > Well, that’s kind of the problem. A juror who admits he abused his discretion might face contempt charges. But if the juror truly believed that jury nullification was legally valid she/he wouldn’t have any problem being open about it, right? There must be at least _one_ vocal proponent of “Jury Nullification” that has been brave enough to apply the process. [Previous page](https://boards.straightdope.com/t/can-a-defendant-or-his-attorney-ask-the-jury-to-nullify/629597.md?page=2) [Next page](https://boards.straightdope.com/t/can-a-defendant-or-his-attorney-ask-the-jury-to-nullify/629597.md?page=4)