Jury Rights and Jury Nullification
Juries are made of ordinary citizens for a reason: they bring the conscience of the community into the courtroom. Here’s what every American should know about the power of a jury.
Why this matters to me. I believe ordinary people can be trusted with the whole story. Laws are written by people, and sometimes they are applied in ways their authors never imagined — like treating an ADHD patient caught in a nationwide medicine shortage as a narcotics trafficker. The jury is where the community gets to say what justice looks like. — Ryan Brandstrom
The conscience of the community
The Sixth Amendment guarantees every person accused of a crime a trial by an impartial jury. The founders saw the jury as a protection for ordinary people against the power of government. John Adams wrote that it is a juror’s duty to find the verdict according to his own best understanding, judgment and conscience.
A jury’s not-guilty verdict is final. It cannot be appealed, and no juror can be punished for the way they vote. When a jury acquits because a conviction would be unjust — even if the evidence might technically fit the law — that is called jury nullification.
A history of juries standing up
- 1670 — William Penn. A London jury refused to convict Penn for preaching as a Quaker. The jurors were jailed for it, and the courts ruled in Bushell’s Case that jurors may not be punished for their verdict.
- 1735 — John Peter Zenger. A New York jury acquitted the printer of seditious libel for criticizing the colonial governor, a landmark for freedom of the press.
- 1850s — the Fugitive Slave Act. Northern juries refused to convict people accused of helping enslaved people escape.
- 1920s — Prohibition. Juries around the country refused to convict ordinary people for alcohol offenses, and the law was repealed.
- 2012 — Ed “NJWeedman” Forchion. Representing himself, Forchion was acquitted by a New Jersey jury of marijuana distribution charges after he told jurors his story.
What judges tell juries
Federal judges instruct jurors to apply the law as the judge explains it, and they do not tell jurors about the power to acquit on conscience. In Sparf v. United States (1895), the Supreme Court held that judges are not required to do so. Prosecutors in Ryan’s case have asked the court to bar what they call jury-nullification arguments at his trial. Whatever the instructions, the Constitution still leaves the final verdict to twelve citizens.
Questions and answers
What is jury nullification?
Jury nullification happens when a jury returns a not-guilty verdict because, in the jurors' conscience, a conviction would be unjust, even if the evidence might technically fit the law. It is a direct result of how the American jury system is designed: a not-guilty verdict is final.
Is jury nullification legal?
Jurors cannot be punished for their verdict, and the Double Jeopardy Clause means a not-guilty verdict cannot be appealed or overturned. Federal courts, however, do not tell jurors about this power. In Sparf v. United States (1895) the Supreme Court held that federal judges need not instruct juries that they may disregard the law, and the Eighth Circuit, which includes Minnesota, has repeatedly declined to allow nullification instructions.
Where does the idea come from?
In Bushell's Case (1670), an English court held that jurors could not be punished for acquitting William Penn against the judge's wishes. In 1735 a New York jury acquitted printer John Peter Zenger of seditious libel, helping establish freedom of the press in America. Before the Civil War, Northern juries refused to convict people charged under the Fugitive Slave Act, and during Prohibition juries frequently refused to convict alcohol defendants.
Has jury nullification happened in modern drug cases?
Yes. In October 2012 a New Jersey jury acquitted marijuana activist Ed Forchion, known as "NJWeedman," of possession with intent to distribute, even though he admitted the marijuana was his. He represented himself and argued that New Jersey's marijuana law conflicted with its own medical-marijuana statute.
Can a juror be punished for a not-guilty verdict?
No. Since Bushell's Case in 1670, the rule in English and American law has been that jurors cannot be punished for the verdict they return. Jurors do take an oath and must answer honestly during jury selection.
Learn more
- Fully Informed Jury Association (FIJA) — educational materials on jurors’ rights
- United States v. Brandstrom — the case
This page is general education about the history and law of juries. It is not legal advice.