Jury Nullification: A Constitutional Tool for Defense Attorneys or Anarchy Incarnate?

Controversy follows jury nullification everywhere in criminal law.  The power that a jury has to refuse convicting a defendant, even when the prosecution has provided evidence beyond a reasonable doubt, understandably does not bode well with many judges and prosecutors.  Jurors have the power to nullify because courts cannot overturn a not guilty verdict since this would violate a defendant’s constitutional right to a jury trial.[1]  During O.J. Simpson’s trial, discussion of jury nullification stood at the forefront as Simpson’s defense attorney encouraged the jury to acquit Simpson even if they found him to be guilty so the jury could send a message to the Los Angeles Police Department.[2]  Nullification has also appeared in cases where prosecutors charge abused wives for the murder of their abusive husbands, in cases where minors are involved in drug possession or distribution of narcotics.[3]  The question of nullification appeared in other high profile cases, like the case of former D.C. mayor Marion Barry.  Barry was convicted of only one minor count out of the fourteen charges against him by an African-American jury when he was caught on tape smoking crack cocaine, even though the trial judge in that case commented that the prosecutor has a very strong case against him.[4]

Juries: The Community Conscience in America

There it is.  “Breaking News: Verdict reached!” scrolls along the bottom portion of your television screen or appears as a notification on your newest smart phone.  We have all seen it.  We have all waited in nervous anticipation for it.  We flick to the nearest news channel, turn up the volume, and crowd around the screen as the criminal trial enters the final stretch.  Those final words are then composedly uttered, “We the jury find the defendant…”

A Refreshing Reminder of Why Jury Duty Matters: A Review of Andrew Guthrie Ferguson's Book on Jury Duty

Andrew Guthrie Ferguson, Why Jury Duty Matters: A Citizen’s Guide to Constitutional Action

Google “jury duty” and you will quickly find websites dedicated to teaching you ways to avoid it.  Many websites compare jury duty to getting a cavity filled at the dentist, having to wait in the never-ending line at the Department of Motor Vehicles, or even wrestling an alligator.  In Why Jury Duty Matters, author Andrew Guthrie Ferguson provides an inspiring and educational analysis of the importance of serving as a juror in the United States court system, ultimately reminding us of our civic duty in the context of our constitutional history.

Why Not to Hate Jury Duty

Jury duty.  Universally dreaded, with sympathy for a friend or colleague who has been called, communicated with a knowing roll of the eyes, and a story about how to get out of it.  There is even a wikihow page entitled, "How to Get Out of Jury Duty."  Yet, jury duty is regarded by courts and civics teachers as one of the most important civic responsibilities a citizen can perform; it has been a crucial part of our democratic system for over 200 years.  The right to a jury trial is a fundamental right afforded by the Sixth Amendment of the United States Constitution, and the Due Process Clause of the Fourteenth Amendment.  A defendant charged with anything more than a petty crime, typically a crime with a penalty of more than six months of incarceration, has a right to trial by jury, made up of between six and twelve of his or her "peers."[1]  Jurors are reflective of the community at large; there is no education requirement, though jurors must be citizens, over the age of eighteen, and fluent in English, with few other restrictions.