法律英语：45 Jury Nullification

by Michael W. Flynn
 
First, a disclaimer: Although I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed¹ to practice in your jurisdiction². Further, I do not intend to create an attorney-client relationship with any listener.   
 
Did you ever want to tell “the man” that his rules were bogus, and you simply were not going to play by them? Little known fact: as a juror, you can. Today’s topic is jury nullification. Chris from North Carolina wrote:
 
Could you explain what "Jury Nullification" is, and why judges never mention it when giving instructions to jurors?
 
Jury nullification refers broadly to a jury's knowing and deliberate rejection³ of the evidence or refusal to apply the law either because the jury wants to send a message about some social issue that is larger than the case itself or because the result dictated⁴ by law is contrary to the jury's sense of justice, morality, or fairness.
 
In jury trials, a jury of 6-12 people is sworn in to apply the facts to the law. Attorneys present their evidence, and make arguments about what the evidence shows, and what it does not show. After the attorneys present their evidence, then the judge will instruct the jury on the law. The judge will tell the jurors that, if they find certain things to be true, then the law is that they should render a certain verdict. Then, the jurors deliberate until they reach the required consensus⁵ to render a verdict. In criminal trials, verdicts typically must be unanimous, and civil verdicts usually require about three-fourths of the jurors to agree on one verdict. After the jury reaches the proper consensus, then it hands its verdict to the judge, and that verdict usually becomes the official outcome of the case.
 
In a jury nullification setting, the jury simply refuses to apply the facts of the case to the law as the judge has instructed it. A good modern example is marijuana. Medical marijuana is currently legal under California law in certain circumstances, but remains⁶ illegal under federal law. So, in a federal trial for possession of marijuana, the government might produce evidence that the defendant⁷ was smoking a joint⁸. The judge would instruct the jury that, if a person smokes marijuana, the law indicates that he is guilty of the crime of possession of a controlled substance.
 
Then, the jury deliberates. The jurors might decide that, while possession of marijuana is technically⁹ illegal under federal law, they simply refuse to convict the defendant. So, they unanimously reach a verdict of not guilty. After the verdict is entered, then the defendant is free. The jurors basically ignored what the judge told them about the law, and decided¹⁰ to acquit¹¹ because they simply disagree with a felony conviction for a person who was holding a single joint, and acting¹² at the direction of his doctor. This is jury nullification. Historically, jury nullification was used to acquit people of violating statutes¹⁴ aimed at stopping white people from helping¹⁵ slaves, to acquit white defendants¹⁶ for killing¹⁷ black victims in some areas in the South, or to acquit people of alcohol offenses¹⁸ under prohibition¹⁹. Some scholars even estimate that jury nullification occurred in 60% of prohibition cases, leading to the eventual²⁰ passing of the 21st Amendment²¹, which repealed²³ prohibition.  
 
There is an active debate on whether jury nullification is a good idea, a bad idea, a moral duty, or an immoral²⁴ usurpation²⁵ of the law. Proponents²⁶ of jury nullification argue that a jury is the last check on the system, and a safeguard against government tyranny. A jury can step in and decide that a specific law is so fundamentally unfair that it simply refuses to apply it, or that applying a law to a specific situation will lead to base injustice²⁷.
 
Critics call it a violation²⁸ of the oath that jurors take when they are sworn in, or an abuse of power that fundamentally undermines the law. If a jury can simply ignore the law, then the government lacks the power to keep order. The proper remedy for a bad law is to repeal²² it, but to respect it so long as it is on the books.
 
Regardless of whether it is right or wrong, jury nullification is perfectly²⁹ legal in the United States.
 
Now, let’s turn to Chris’ second question of why judges never give instructions on the issue. The answer is that, in 1895, the U.S. Supreme³⁰ Court held in a 5-4 decision that a trial judge has no duty to instruct on jury nullification. The main reason is that a court’s duty is to the law, and it can only fulfill³¹ this duty by instructing jurors to follow the law. This case has been broadly cited for the proposition that an attorney cannot argue to the jury that it should simply ignore the law and do what it wants. Also, many courts have held that it is proper to strike a juror during voir dire¹³ if the juror expresses that he will not follow the law. So, judges cannot generally instruct a jury that it has the right to simply ignore the law, and enter whatever verdict it wants.
 
Practically, jury nullification does not happen very often. Most jurors take their job seriously, and uphold their oath to apply the facts to the law. Only when all the members of the jury (or most, in civil cases) can agree to disregard the law can nullification work.  
 
So, while the judge will not tell you, you may always elect to simply tell the man to go away, and you are making the decision you want despite what the law says. Enjoy your next jury duty!
 
Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful³² Life. Be sure to check out all the excellent Quick and Dirty Tips podcasts at QuickAndDirtyTips.com and don't forget to take the short listener survey by clicking on the green 5 to the right of the transcript³³.
 
You can send questions and comments to。。。。。。or call them in to the voice-mail line at 206-202-4LAW. Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.
 
Legal Lad's theme music is "No Good Layabout" by Kevin MacLeod.
 

1 licensed   

adj.得到许可的v.许可，颁发执照(license的过去式和过去分词)

参考例句：

• The new drug has not yet been licensed in the US. 这种新药尚未在美国获得许可。
• Is that gun licensed? 那支枪有持枪执照吗？

2 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

3 rejection   

n.拒绝，被拒，抛弃，被弃

参考例句：

• He decided not to approach her for fear of rejection.他因怕遭拒绝决定不再去找她。
• The rejection plunged her into the dark depths of despair.遭到拒绝使她陷入了绝望的深渊。

4 dictated   

v.大声讲或读( dictate的过去式和过去分词 )；口授；支配；摆布

参考例句：

• He dictated a letter to his secretary. 他向秘书口授信稿。
• No person of a strong character likes to be dictated to. 没有一个个性强的人愿受人使唤。 来自《简明英汉词典》

5 consensus   

n.(意见等的)一致，一致同意，共识

参考例句：

• Can we reach a consensus on this issue?我们能在这个问题上取得一致意见吗？
• What is the consensus of opinion at the afternoon meeting?下午会议上一致的意见是什么？

6 remains   

n.剩余物，残留物；遗体，遗迹

参考例句：

• He ate the remains of food hungrily.他狼吞虎咽地吃剩余的食物。
• The remains of the meal were fed to the dog.残羹剩饭喂狗了。

7 defendant   

n.被告；adj.处于被告地位的

参考例句：

• The judge rejected a bribe from the defendant's family.法官拒收被告家属的贿赂。
• The defendant was borne down by the weight of evidence.有力的证据使被告认输了。

8 joint   

adj.联合的，共同的；n.关节，接合处；v.连接，贴合

参考例句：

• I had a bad fall,which put my shoulder out of joint.我重重地摔了一跤，肩膀脫臼了。
• We wrote a letter in joint names.我们联名写了封信。

9 technically   

adv.专门地，技术上地

参考例句：

• Technically it is the most advanced equipment ever.从技术上说，这是最先进的设备。
• The tomato is technically a fruit,although it is eaten as a vegetable.严格地说，西红柿是一种水果，尽管它是当作蔬菜吃的。

10 decided   

adj.决定了的，坚决的；明显的，明确的

参考例句：

• This gave them a decided advantage over their opponents.这使他们比对手具有明显的优势。
• There is a decided difference between British and Chinese way of greeting.英国人和中国人打招呼的方式有很明显的区别。

11 acquit   

vt.宣判无罪；(oneself)使(自己)表现出

参考例句：

• That fact decided the judge to acquit him.那个事实使法官判他无罪。
• They always acquit themselves of their duty very well.他们总是很好地履行自己的职责。

12 acting   

n.演戏，行为，假装；adj.代理的，临时的，演出用的

参考例句：

• Ignore her,she's just acting.别理她，她只是假装的。
• During the seventies,her acting career was in eclipse.在七十年代，她的表演生涯黯然失色。

13 dire   

adj.可怕的，悲惨的，阴惨的，极端的

参考例句：

• There were dire warnings about the dangers of watching too much TV.曾经有人就看电视太多的危害性提出严重警告。
• We were indeed in dire straits.But we pulled through.那时我们的困难真是大极了，但是我们渡过了困难。

14 statutes   

成文法( statute的名词复数 )； 法令； 法规； 章程

参考例句：

• The numerous existing statutes are complicated and poorly coordinated. 目前繁多的法令既十分复杂又缺乏快调。 来自英汉非文学 - 环境法 - 环境法
• Each agency is also restricted by the particular statutes governing its activities. 各个机构的行为也受具体法令限制。 来自英汉非文学 - 环境法 - 环境法

15 helping   

n.食物的一份&adj.帮助人的，辅助的

参考例句：

• The poor children regularly pony up for a second helping of my hamburger. 那些可怜的孩子们总是要求我把我的汉堡包再给他们一份。
• By doing this, they may at times be helping to restore competition. 这样一来, 他在某些时候,有助于竞争的加强。

16 defendants   

被告( defendant的名词复数 )

参考例句：

• The courts heard that the six defendants had been coerced into making a confession. 法官审判时发现6位被告人曾被迫承认罪行。
• As in courts, the defendants are represented by legal counsel. 与法院相同，被告有辩护律师作为代表。 来自英汉非文学 - 政府文件

17 killing   

n.巨额利润；突然赚大钱，发大财

参考例句：

• Investors are set to make a killing from the sell-off.投资者准备清仓以便大赚一笔。
• Last week my brother made a killing on Wall Street.上个周我兄弟在华尔街赚了一大笔。

18 offenses   

n.进攻( offense的名词复数 )；（球队的）前锋；进攻方法；攻势

参考例句：

• It's wrong of you to take the child to task for such trifling offenses. 因这类小毛病责备那孩子是你的不对。 来自《简明英汉词典》
• Thus, Congress cannot remove an executive official except for impeachable offenses. 因此，除非有可弹劾的行为，否则国会不能罢免行政官员。 来自英汉非文学 - 行政法

19 prohibition   

n.禁止；禁令，禁律

参考例句：

• The prohibition against drunken driving will save many lives.禁止酒后开车将会减少许多死亡事故。
• They voted in favour of the prohibition of smoking in public areas.他们投票赞成禁止在公共场所吸烟。

20 eventual   

adj.最后的，结局的，最终的

参考例句：

• Several schools face eventual closure.几所学校面临最终关闭。
• Both parties expressed optimism about an eventual solution.双方对问题的最终解决都表示乐观。

21 amendment   

n.改正，修正，改善，修正案

参考例句：

• The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。
• The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。

22 repeal   

n.废止，撤消；v.废止，撤消

参考例句：

• He plans to repeal a number of current policies.他计划废除一些当前的政策。
• He has made out a strong case for the repeal of the law.他提出强有力的理由，赞成废除该法令。

23 repealed   

撤销，废除( repeal的过去式和过去分词 )

参考例句：

• The Labour Party repealed the Act. 工党废除了那项法令。
• The legislature repealed the unpopular Rent Act. 立法机关废除了不得人心的租借法案。

24 immoral   

adj.不道德的，淫荡的，荒淫的，有伤风化的

参考例句：

• She was questioned about his immoral conduct toward her.她被询问过有关他对她的不道德行为的情况。
• It is my belief that nuclear weapons are immoral.我相信使核武器是不邪恶的。

25 usurpation   

n.篡位；霸占

参考例句：

• The struggle during this transitional stage is to oppose Chiang Kai-shek's usurpation of the fruits of victory in the War of Resistance.过渡阶段的斗争，就是反对蒋介石篡夺抗战胜利果实的斗争。
• This is an unjustified usurpation of my authority.你是在非法纂夺我的权力。

26 proponents   

n.（某事业、理论等的）支持者，拥护者( proponent的名词复数 )

参考例句：

• Reviewing courts were among the most active proponents of hybrid rulemaking procedures. 复审法院是最积极的混合型规则制定程序的建议者。 来自英汉非文学 - 行政法
• Proponents of such opinions were arrested as 'traitors. ' 提倡这种主张的人马上作为“卖国贼”逮捕起来。 来自辞典例句

27 injustice   

n.非正义，不公正，不公平，侵犯（别人的）权利

参考例句：

• They complained of injustice in the way they had been treated.他们抱怨受到不公平的对待。
• All his life he has been struggling against injustice.他一生都在与不公正现象作斗争。

28 violation   

n.违反(行为)，违背(行为)，侵犯

参考例句：

• He roared that was a violation of the rules.他大声说，那是违反规则的。
• He was fined 200 dollars for violation of traffic regulation.他因违反交通规则被罚款200美元。

29 perfectly   

adv.完美地，无可非议地，彻底地

参考例句：

• The witnesses were each perfectly certain of what they said.证人们个个对自己所说的话十分肯定。
• Everything that we're doing is all perfectly above board.我们做的每件事情都是光明正大的。

30 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

31 fulfill   

vt.履行，实现，完成；满足，使满意

参考例句：

• If you make a promise you should fulfill it.如果你许诺了，你就要履行你的诺言。
• This company should be able to fulfill our requirements.这家公司应该能够满足我们的要求。

32 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。

33 transcript   

n.抄本，誊本，副本，肄业证书

参考例句：

• A transcript of the tapes was presented as evidence in court.一份录音带的文字本作为证据被呈交法庭。
• They wouldn't let me have a transcript of the interview.他们拒绝给我一份采访的文字整理稿。