Category: Criminal Procedure

Jury nullification is the theory that a jury should be able to render a verdict it believes is just notwithstanding what the law and the facts of the case may require.  Most often, jury nullification is pushed by libertarians in the context of drug prosecutions.  Under libertarian theory, drugs should be legal, and obstinate legislative refusal to repeal drug laws should be nullified by juries’ refusal to convict defendants in drug cases.  An offshoot of the same theory is that juries should acquit because, even if drug laws are arguably acceptable in some circumstances, the punishments, particularly mandatory minimum sentences, are so wildly excessive that a justice-oriented jury should prevent their imposition.

There are numerous problems with nullification theory. Continue reading . . .