# Man arrested for informing prospective jurors about nullification **URL:** \ **Category:** In My Humble Opinion\ **Created:** [December 2, 2015, 5:34pm UTC](https://boards.straightdope.com/t/man-arrested-for-informing-prospective-jurors-about-nullification/739227 "2015-12-02T17:34:58Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Asimovian](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asimovian/32/172_2.png) [@Asimovian](https://boards.straightdope.com/u/Asimovian)\ **Post date:** [December 2, 2015, 5:34pm UTC](https://boards.straightdope.com/t/man-arrested-for-informing-prospective-jurors-about-nullification/739227/1 "2015-12-02T17:34:58Z")
I’ve been in and around the legal industry for almost 18 years, but this is not an issue I’ve ever dealt with or even really discussed with anyone. For those that are unfamiliar, one definition of jury nullification (this one from Wikipedia) reads as follows: > [@Wikipedia Article](#): > > Jury nullification occurs in a trial when a jury acquits a defendant, even though the members of the jury may believe that the defendant did the illegal act, yet they don’t believe he or she should be punished for it. This may occur when members of the jury disagree with the law the defendant has been charged with breaking, or believe that the law should not be applied in that particular case. A jury can similarly unjustly and illegally convict a defendant on the ground of disagreement with an existing law, even if no law is broken (although in jurisdictions with double jeopardy rules, a conviction can be overturned on appeal, but an acquittal cannot). I’ve heard vaguely over the years that it’s something that is Very Bad to poison a jury with, but I’d never heard of any accusations of discussing it being illegal until today. I [read an article](Jury nullification occurs in a trial when a jury acquits a defendant, even though the members of the jury may believe that the defendant did the illegal act, yet they don’t believe he or she should be punished for it. This may occur when members of the jury disagree with the law the defendant has been charged with breaking, or believe that the law should not be applied in that particular case. A jury can similarly unjustly and illegally convict a defendant on the ground of disagreement with an existing law, even if no law is broken (although in jurisdictions with double jeopardy rules, a conviction can be overturned on appeal, but an acquittal cannot).) about a man who was arrested for handing out pamphlets to prospective jurors in front of a courthouse explaining what jury nullification is. According to the article: > [@MLive Article](#): > > Kallman said the judge saw people in the courthouse reading the brochures and then overstepped his bounds by ordering an arrest in violation of Wood’s rights. So my question for lawyers and legal scholars is, can a judge legally and appropriate order someone arrested for this? Is this legitimate jury tampering? And for everyone else, I’m just curious to hear how you react to hearing about this. Do you think it’s justifiable to have someone arrested for this behavior? ---
**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\ **Post date:** [December 2, 2015, 5:59pm UTC](https://boards.straightdope.com/t/man-arrested-for-informing-prospective-jurors-about-nullification/739227/2 "2015-12-02T17:59:51Z")
Perhaps if the guy identified and targeted specific individuals who had been assigned to juries, maybe that could be considered jury tampering. But if the guy is just handing stuff out to random people who walk by the building, I really can’t see how that could be considered anything but an exercise of protected free speech. ---
**Author:** ![ElderSign](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eldersign/32/8263_2.png) [@ElderSign](https://boards.straightdope.com/u/ElderSign)\ **Post date:** [December 2, 2015, 7:24pm UTC](https://boards.straightdope.com/t/man-arrested-for-informing-prospective-jurors-about-nullification/739227/3 "2015-12-02T19:24:04Z")
Maybe the guy was a Doper. It was discussed here on many occasions: > **[Can a Defendant (or his Attorney) Ask the Jury to Nullify?](https://boards.straightdope.com/sdmb/showthread.php?t=660024)** > > Jury Nullification is a pretty powerful tool, but not a lot of potential jurors seem to know about it. Can the Defense suggest it to the hurt? Sent from my SGH-i677 using Board Express > **[Jury Nullification as a Defendant](https://boards.straightdope.com/sdmb/showthread.php?t=599002)** > > There has been much discussion the the SDMBs lately about jury nullification. As I was reading though them there is one think I was wondering about that doesn’t seem to be answered and my google fu for the query isn’t working. (I can’t think of... ---
**Author:** ![Asimovian](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asimovian/32/172_2.png) [@Asimovian](https://boards.straightdope.com/u/Asimovian)\ **Post date:** [December 2, 2015, 7:29pm UTC](https://boards.straightdope.com/t/man-arrested-for-informing-prospective-jurors-about-nullification/739227/4 "2015-12-02T19:29:08Z")
> [@ElderSign](#): > > Maybe the guy was a Doper. It was discussed here on many occasions: > > [Can a Defendant (or his Attorney) Ask the Jury to Nullify? - Factual Questions - Straight Dope Message Board](http://boards.straightdope.com/sdmb/showthread.php?t=660024) > [Jury Nullification as a Defendant - Factual Questions - Straight Dope Message Board](http://boards.straightdope.com/sdmb/showthread.php?t=599002) I’m aware that the subject comes up frequently here, often in the context of the ability of a defendant in trial being able to coax the jury into taking advantage of it. I did not, however, readily find examples here of people being arrested for spreading the word about it. I thought it was worthy of discussion. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [December 2, 2015, 7:49pm UTC](https://boards.straightdope.com/t/man-arrested-for-informing-prospective-jurors-about-nullification/739227/5 "2015-12-02T19:49:40Z")
> [@Asimovian](#): > > According to the article: That link doesnt lead to that article. Well, at least not that I can see, maybe it’s there somewhere. Got a better source? Here’s one. > **[Mecosta County Man Illustrates Why Jury Nullification is Important](http://ludingtoncitizen.ning.com/forum/topics/mecosta-county-man-illustrates-why-jury-nullification-is-importan)** > > Imagine if you will, passing out educational pamphlets to other people on the street in front of a courthouse.  The pamphlets express factual data about a tot… Cost that dude $15000 and he’s not gonna get that back. The Judge was out of line, methinks. ---
**Author:** ![Asimovian](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asimovian/32/172_2.png) [@Asimovian](https://boards.straightdope.com/u/Asimovian)\ **Post date:** [December 2, 2015, 7:52pm UTC](https://boards.straightdope.com/t/man-arrested-for-informing-prospective-jurors-about-nullification/739227/6 "2015-12-02T19:52:57Z")
> [@DrDeth](#): > > That link doesnt lead to that article. Well, at least not that I can see, maybe it’s there somewhere. Got a better source? The actual link is in the paragraph above that (I didn’t mean for the MLive reference to be a live link), but here it is again: [Link](http://www.mlive.com/news/grand-rapids/index.ssf/2015/12/judge_orders_man_arrested_for.html). ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [December 2, 2015, 7:55pm UTC](https://boards.straightdope.com/t/man-arrested-for-informing-prospective-jurors-about-nullification/739227/7 "2015-12-02T19:55:03Z")
> [@Asimovian](#): > > The actual link is in the paragraph above that (I didn’t mean for the MLive reference to be a live link), but here it is again: [Link](http://www.mlive.com/news/grand-rapids/index.ssf/2015/12/judge_orders_man_arrested_for.html). Thanks. Cool article. ---
**Author:** ![muldoonthief](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muldoonthief/32/3188_2.png) [@muldoonthief](https://boards.straightdope.com/u/muldoonthief)\ **Post date:** [December 2, 2015, 7:58pm UTC](https://boards.straightdope.com/t/man-arrested-for-informing-prospective-jurors-about-nullification/739227/8 "2015-12-02T19:58:04Z")
If it’s true, as the arrested man’s attorney claims, that there were no court cases in progress and no juries being seated, then I can’t see how a charge of jury tampering could possibly stick. His picture in the article is pretty funny though. ---
**Author:** ![Gatopescado](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gatopescado/32/5711_2.png) [@Gatopescado](https://boards.straightdope.com/u/Gatopescado)\ **Post date:** [December 2, 2015, 8:01pm UTC](https://boards.straightdope.com/t/man-arrested-for-informing-prospective-jurors-about-nullification/739227/9 "2015-12-02T20:01:01Z")
They seem to toss that term around an awful lot on _Law & Order._ ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [December 2, 2015, 8:06pm UTC](https://boards.straightdope.com/t/man-arrested-for-informing-prospective-jurors-about-nullification/739227/10 "2015-12-02T20:06:39Z")
> [@muldoonthief](#): > > If it’s true, as the arrested man’s attorney claims, that there were no court cases in progress and no juries being seated, then I can’t see how a charge of jury tampering could possibly stick. > > . Yep, but the Judge effectively fined him $15000 by demanding such a high bail. Bogus. ---
**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\ **Post date:** [December 2, 2015, 8:08pm UTC](https://boards.straightdope.com/t/man-arrested-for-informing-prospective-jurors-about-nullification/739227/11 "2015-12-02T20:08:14Z")
I swear there was a SDMB thread about this exact same set of facts a few years ago, I think in New York. I thought the book should be thrown at the guy, but I vaguely recall that he was acquitted or the charges were dropped. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [December 2, 2015, 8:09pm UTC](https://boards.straightdope.com/t/man-arrested-for-informing-prospective-jurors-about-nullification/739227/12 "2015-12-02T20:09:19Z")
> [@Ravenman](#): > > I swear there was a SDMB thread about this exact same set of facts a few years ago, I think in New York. I thought the book should be thrown at the guy, but I vaguely recall that he was acquitted or the charges were dropped. Why should the book be thrown at the guy? 😕 ---
**Author:** ![billfish678](https://avatars.discourse-cdn.com/v4/letter/b/7bcc69/32.png) [@billfish678](https://boards.straightdope.com/u/billfish678)\ **Post date:** [December 2, 2015, 8:09pm UTC](https://boards.straightdope.com/t/man-arrested-for-informing-prospective-jurors-about-nullification/739227/13 "2015-12-02T20:09:55Z")
> [@DrDeth](#): > > Yep, but the Judge effectively fined him $15000 by demanding such a high bail. Bogus. I came here to say the same thing. Really a dick move there Judge Asshole. ---
**Author:** ![Bone](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bone/32/407_2.png) [@Bone](https://boards.straightdope.com/u/Bone)\ **Post date:** [December 2, 2015, 8:10pm UTC](https://boards.straightdope.com/t/man-arrested-for-informing-prospective-jurors-about-nullification/739227/14 "2015-12-02T20:10:17Z")
> [@Asimovian](#): > > I’m aware that the subject comes up frequently here, often in the context of the ability of a defendant in trial being able to coax the jury into taking advantage of it. > > I did not, however, readily find examples here of people being arrested for spreading the word about it. I thought it was worthy of discussion. There have been a few high profile cases of this happening before - that is being arrested for handing out pamphlets. [Here is one from Denver](http://www.denverpost.com/news/ci_28561686/denver-da-charges-man-tampering-handing-out-jury). Here is one [from the NYtimes.](http://www.nytimes.com/2011/02/26/nyregion/26jury.html?_r=0) I believe the [Fully Informed Jury Association](http://fija.org/) encourages or has pamphlets if others want to participate. Their mission is…well, in their name and referenced in the incident in the OP (which by the way has a broken link). They even have this on their sidebar: > [@](#): > > Print FREE Brochures > Want brochures to hand out? Click here to print them for free. ---
**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\ **Post date:** [December 2, 2015, 8:20pm UTC](https://boards.straightdope.com/t/man-arrested-for-informing-prospective-jurors-about-nullification/739227/15 "2015-12-02T20:20:24Z")
> [@DrDeth](#): > > Why should the book be thrown at the guy? 😕 In my opinion, he was at the courthouse for the sole purpose of interfereing with the legal instructions given to jurors on how they should decide the case. Had he written a book or been on TV, speaking to a broad audience, I wouldn’t care. But he was in fact looking to influence jurors by intercepting them as they went in and out of the courthouse, which in my opinion is unfair. Here is the thread. In that case, there was also the additional fact that he was trying to pass himself off as some type of government official by passing out pamphlets titled, “JURY INFORMATION.” However, in April 2012, a Federal judge ruled that I am wrong and this guy is free to go. > **[Guy arrested for handing out pamphlets on jury nullifaction at courthouse....](https://boards.straightdope.com/sdmb/showthread.php?t=598489)** > > I was reading the following article and thought it raised an interesting question. I think it is safe to say the basic facts, as given, are not in dispute. Mr. Heicklen was indeed handing out pamphlets on jury nullification in front of court... ---
**Author:** ![The\_Lurker\_Above](https://avatars.discourse-cdn.com/v4/letter/t/dc4da7/32.png) [@The\_Lurker\_Above](https://boards.straightdope.com/u/The_Lurker_Above)\ **Post date:** [December 2, 2015, 8:26pm UTC](https://boards.straightdope.com/t/man-arrested-for-informing-prospective-jurors-about-nullification/739227/16 "2015-12-02T20:26:27Z")
> [@Asimovian](#): > > So my question for lawyers and legal scholars is, can a judge legally and appropriate order someone arrested for this? Is this legitimate jury tampering? And for everyone else, I’m just curious to hear how you react to hearing about this. Do you think it’s justifiable to have someone arrested for this behavior? The question I find really interesting is can he demand a trial in front of a jury to fight his charges; and have his pamphlet read by _his_ jury as part of his case. ---
**Author:** ![Asimovian](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asimovian/32/172_2.png) [@Asimovian](https://boards.straightdope.com/u/Asimovian)\ **Post date:** [December 2, 2015, 8:29pm UTC](https://boards.straightdope.com/t/man-arrested-for-informing-prospective-jurors-about-nullification/739227/17 "2015-12-02T20:29:36Z")
> [@The\_Lurker\_Above](#): > > The question I find really interesting is can he demand a trial in front of a jury to fight his charges; and have his pamphlet read by _his_ jury as part of his case. That’s interesting…I like it. If he refuses to take a plea and actually goes to trial, how does the judge handle the presentation of the evidence? I wonder if there has ever been a _voir dire_ conducted that specifically questions prospective jurors on their feelings about nullification. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [December 2, 2015, 8:41pm UTC](https://boards.straightdope.com/t/man-arrested-for-informing-prospective-jurors-about-nullification/739227/18 "2015-12-02T20:41:09Z")
> [@Ravenman](#): > > In my opinion, he was at the courthouse for the sole purpose of interfereing with the legal instructions given to jurors on how they should decide the case. Had he written a book or been on TV, speaking to a broad audience, I wouldn’t care. But he was in fact looking to influence jurors by intercepting them as they went in and out of the courthouse, which in my opinion is unfair. > > ] He was on\* a public sidewalk.\* “Keith Wood (pictured left) said he was handing out pamphlets from the Fully Informed Jury Association on Nov. 24 while standing on the sidewalks along Elm Street.” ---
**Author:** ![Claverhouse](https://avatars.discourse-cdn.com/v4/letter/c/13edae/32.png) [@Claverhouse](https://boards.straightdope.com/u/Claverhouse)\ **Post date:** [December 2, 2015, 8:41pm UTC](https://boards.straightdope.com/t/man-arrested-for-informing-prospective-jurors-about-nullification/739227/19 "2015-12-02T20:41:28Z")
[QUOTE=Asimovian] I wonder if there has ever been a _voir dire_ conducted that specifically questions prospective jurors on their feelings about nullification. [/quote] But by it’s nature that would include informing them of their nullification rights, and everyone in the court would have to be arrested. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [December 2, 2015, 8:42pm UTC](https://boards.straightdope.com/t/man-arrested-for-informing-prospective-jurors-about-nullification/739227/20 "2015-12-02T20:42:19Z")
> [@The\_Lurker\_Above](#): > > The question I find really interesting is can he demand a trial in front of a jury to fight his charges; and have his pamphlet read by _his_ jury as part of his case. His charges will be dismissed, the Judge knows that, it was just a way to fine him $15000. No appeal from that. [Next page](https://boards.straightdope.com/t/man-arrested-for-informing-prospective-jurors-about-nullification/739227.md?page=2)