Advertisement

Jury nullification

Reading Time:1 minute
Why you can trust SCMP
0

Since a verdict made by a jury cannot be questioned and jurors do not need to give supporting reasons for their decision, the system in fact makes it possible for the jury to nullify the law. That is, the jurors can acquit a defendant even though they are convinced the accused is guilty under the law. This could be an act of leniency brought about by sympathy for mitigating circumstances, or that they simply do not agree with the law they are being asked to act on. In reverse, a juror can also convict an unsympathetic defendant even when they believe his innocence.

The first famous case of jury nullification in history took place in the United States in 1734. Newspaper publisher John Zenger had printed several articles criticising the New York governor and was arrested for seditious libel. While Zenger clearly was guilty of the charge, his defending lawyer urged the jury to consider not only the law but also the implications of acting on it.

The jury nullified the law and acquitted Zenger.

Jury nullification is considered an effective way of allowing the public to act against laws it disagrees with, but it can also be misused.

Therefore, the jury is usually not informed that it has the power to nullify the law - simply that it should follow it.

Advertisement