# Jury Nullification

**URL:** <https://boards.straightdope.com/t/jury-nullification/663376>\
**Category:** Factual Questions\
**Created:** [July 13, 2013, 1:32am UTC](https://boards.straightdope.com/t/jury-nullification/663376 "2013-07-13T01:32:36Z")\
**Posts on this page:** 13\
**Page:** 1

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**Author:** ![Clu-Me-In](https://avatars.discourse-cdn.com/v4/letter/c/dfb087/32.png) [@Clu-Me-In](https://boards.straightdope.com/u/Clu-Me-In)\
**Post date:** [July 13, 2013, 1:32am UTC](https://boards.straightdope.com/t/jury-nullification/663376/1 "2013-07-13T01:32:36Z")

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Question: Can the Judge in the George Zimmerman case throw out the verdict if the Jury finds George Zimmerman Guilty?

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**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\
**Post date:** [July 13, 2013, 1:40am UTC](https://boards.straightdope.com/t/jury-nullification/663376/2 "2013-07-13T01:40:15Z")

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Yes, but that has nothing to do with jury nullification. [Judgment notwithstanding a verdict](http://en.wikipedia.org/wiki/Judgment_notwithstanding_verdict) is probably what you’re thinking of, or a [directed verdict](http://en.wikipedia.org/wiki/Directed_verdict) if the jury has not yet deliberated.

A trial judge can not throw out an acquittal.

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**Author:** ![What\_the](https://avatars.discourse-cdn.com/v4/letter/w/f4b2a3/32.png) [@What\_the](https://boards.straightdope.com/u/What_the)\
**Post date:** [July 13, 2013, 11:50am UTC](https://boards.straightdope.com/t/jury-nullification/663376/3 "2013-07-13T11:50:30Z")

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What is jury nullification? When the jury’s verdict (either way) is clearly contrary to the evidence and the law…or does it only apply to findings of not-guilty?

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**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:** [July 13, 2013, 12:35pm UTC](https://boards.straightdope.com/t/jury-nullification/663376/4 "2013-07-13T12:35:27Z")

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[The Fully Informed Jury Association](http://fija.org/tag/jury-nullification/) says,

> [@](#):
>
> Jury nullification occurs when a jury, believing a defendant is guilty, nevertheless acquits or finds the defendant not guilty for reasons outside of the facts of the case. Usually, because they don’t believe the law is just.

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**Author:** ![What\_the](https://avatars.discourse-cdn.com/v4/letter/w/f4b2a3/32.png) [@What\_the](https://boards.straightdope.com/u/What_the)\
**Post date:** [July 13, 2013, 2:43pm UTC](https://boards.straightdope.com/t/jury-nullification/663376/5 "2013-07-13T14:43:12Z")

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> [@kayaker](#):
>
> [The Fully Informed Jury Association](http://fija.org/tag/jury-nullification/) says,
> 
> Quote:  
> Jury nullification occurs when a jury, believing a defendant is guilty, nevertheless acquits or finds the defendant not guilty for reasons outside of the facts of the case. Usually, because they don’t believe the law is just.

Did they coin the term? Clearly that is part of their agenda.

What do you call a situation where the defendant is not guilty but the jury wants to punish him anyway?

How do we really know what the jury believes anyway? Maybe they are just morons no matter how clear the facts, law and instructions are.

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**Author:** ![Jake](https://avatars.discourse-cdn.com/v4/letter/j/f475e1/32.png) [@Jake](https://boards.straightdope.com/u/Jake)\
**Post date:** [July 13, 2013, 2:48pm UTC](https://boards.straightdope.com/t/jury-nullification/663376/6 "2013-07-13T14:48:40Z")

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> [@What\_the](#):
>
> Did they coin the term? Clearly that is part of their agenda.
> 
> What do you call a situation where the defendant is not guilty but the jury wants to punish him anyway?
> 
> How do we really know what the jury believes anyway? Maybe they are just morons no matter how clear the facts, law and instructions are.

The Simpson jury comes to mind.

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**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:** [July 13, 2013, 3:11pm UTC](https://boards.straightdope.com/t/jury-nullification/663376/7 "2013-07-13T15:11:19Z")

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> [@What\_the](#):
>
> How do we really know what the jury believes anyway? Maybe they are just morons

It’s a jury of your peers. Just sayin.

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**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\
**Post date:** [July 13, 2013, 3:31pm UTC](https://boards.straightdope.com/t/jury-nullification/663376/8 "2013-07-13T15:31:57Z")

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Google William Penn. (Heard of "Penn"sylvania?)

He was charged for preaching against the Church of England and the crown. The pesky jury refused to convict him. The judge ordered the jury to be locked up too, until they came back with the “right” verdict. Hue and cry and many appeals ensued. Eventually, the jury was released, their verdict stood, and the precedent was established that the decision “not guilty” by a jury of your peers meant exactly that - 12 random people from the community were the last protection against unfair laws and unfair application of the laws.

Of course, jury nullification has gotten a bad name since the days of Jim Crow, when it was often not unusual for white people to be acquitted of crimes against black people. The bit missing from that discussion, of course, was “peers” - oddly, the juries that acquitted were most likely all white.

Therefore, to convict someone, the state must (if the defendant chooses) present the evidence to a jury of “average citizens” and convince them that in fact a crime has been committed.

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**Author:** ![Ferret\_Herder](https://avatars.discourse-cdn.com/v4/letter/f/e47774/32.png) [@Ferret\_Herder](https://boards.straightdope.com/u/Ferret_Herder)\
**Post date:** [July 13, 2013, 5:08pm UTC](https://boards.straightdope.com/t/jury-nullification/663376/9 "2013-07-13T17:08:49Z")

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> [@What\_the](#):
>
> Did they coin the term? Clearly that is part of their agenda.

…It goes back to the [1600s](http://en.wikipedia.org/wiki/Jury_nullification#Common_law_precedent) and was enshrined in British common law as well as colonial US law.

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**Author:** ![KneadToKnow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kneadtoknow/32/3999_2.png) [@KneadToKnow](https://boards.straightdope.com/u/KneadToKnow)\
**Post date:** [July 13, 2013, 5:20pm UTC](https://boards.straightdope.com/t/jury-nullification/663376/10 "2013-07-13T17:20:22Z")

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> [@What\_the](#):
>
> What do you call a situation where the defendant is not guilty but the jury wants to punish him anyway?

A necktie party?

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**Author:** ![What\_the](https://avatars.discourse-cdn.com/v4/letter/w/f4b2a3/32.png) [@What\_the](https://boards.straightdope.com/u/What_the)\
**Post date:** [July 14, 2013, 1:21pm UTC](https://boards.straightdope.com/t/jury-nullification/663376/11 "2013-07-14T13:21:16Z")

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> [@kayaker](#):
>
> It’s a jury of your peers. Just sayin.

What are you “just sayin” exactly?

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**Author:** ![Trinopus](https://avatars.discourse-cdn.com/v4/letter/t/2bfe46/32.png) [@Trinopus](https://boards.straightdope.com/u/Trinopus)\
**Post date:** [July 14, 2013, 9:44pm UTC](https://boards.straightdope.com/t/jury-nullification/663376/12 "2013-07-14T21:44:07Z")

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That the distinction between “average citizen” and “moron” may be difficult, at times, to observe.

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**Author:** ![bob\_2](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bob_2/32/3341_2.png) [@bob\_2](https://boards.straightdope.com/u/bob_2)\
**Post date:** [July 14, 2013, 10:28pm UTC](https://boards.straightdope.com/t/jury-nullification/663376/13 "2013-07-14T22:28:52Z")

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Who was it that said - A jury is 12 people too stupid to get out of jury service.
