Importance Of Jury Nullification

A jury has the right to reach a verdict they feel is proper even if it contradicts the law. If a jury feels that the outcome of a trial is unjust they can exercise their right of jury nullification. The doctrine of jury nullification states that “jurors have the inherent right to set aside the instructions of the judge and to reach a verdict of acquittal based upon their own consciences.” In other words, it states the jury has the right to judge the ethics of the law in any case if they choose. Jury Nullification most commonly appears in criminal law cases and originates from principles found in the Magna Carta. It is first used in American law in the colonial America case of Crown v. John Peter Zenger in 1735. Zenger was a German journalist

It is not explicitly stated in federal nor state law because there was other means of democracy and justice. Although not stated in law, jury nullification is still a right due to the fact that jurors can never be punished for their verdict. Throughout the nineteenth century jury nullification continued to remain an important safeguard and was used by juries in cases relevant to the Fugitive Slave Act, Prohibition and other unpopular or unjust laws. The right to nullification was not challenged until Sparf v. United States, an 1895 Supreme Court case that argued whether or not federal judges were required to inform jurors of their ability to judge the law in any judicial case. The outcome of case was that the jury still had the right to disregard the instructions given to them by the judge, but the judge did not have any legal obligation to inform the jury of this. The Sparf case led to gradually decreasing support for jury nullification into the twentieth century and present day American law. A jury still has the undeniable right to issue a not guilty verdict if they feel that the relevant law(s) in the case are unfair, however it is looked down upon in the judicial system. The case will either be declared a mistrial if an attorney mentions this right or the juror will be struck during jury selection if they seem likely to invoke this