Portal:Law/Selected articles/41

Jury nullification is a jury's refusal to render a verdict according to the law, as instructed by the court, regardless of the weight of evidence presented. Instead, a jury bases its verdict on other grounds. Historically, examples include the unjustness of the law, injustice of its application, the race of a party, or the jury’s own common sense; jury nullification can only be used to acquit and not to convict.

Jury nullification is a de facto power of the jury, and is not ordinarily described as a right. The power of jury nullification derives from an inherent quality of most modern common law systems&mdash;a general unwillingness to inquire into jurors' motivations during or after deliberations. A jury's ability to nullify the law is further supported by two common law precedents: the prohibition on punishing jury members for their verdict, and the prohibition on retrying criminal defendants after an acquittal (see related topic Double jeopardy).

Read more...