In America, we are often told that laws exist to ensure justice. But what happens when laws are unjust? What if the government uses its power to punish people unfairly? Throughout history, citizens have had a powerful tool to push back against government overreach: jury nullification.
Jury nullification occurs when a jury votes “Not Guilty” despite evidence that the defendant broke the law because they believe the law itself is unfair, unjustly applied, or would lead to an immoral outcome. It is a vital, but often hidden, power that allows regular people—not politicians, judges, or prosecutors—to make the final decision in the courtroom.
Despite its long history in America, most jurors don’t even know they have this right.
Courts and prosecutors actively avoid discussing it, and some have even punished people for trying to inform jurors about it. But jury nullification is real, legal, and has played a crucial role in some of the most important struggles for justice in American history.
A Long Tradition of Defying Bad Laws
Jury nullification is older than the United States itself. It has been used for centuries as a way for ordinary people to resist government overreach.
The Trial of William Penn (1670)
One of the earliest examples of jury nullification happened in England when William Penn, the founder of Pennsylvania, was arrested for preaching in public against the Church of England. The government ordered the jury to convict him, but they refused. The judge locked the jurors in a room without food or water for two days, trying to force a conviction. Still, they stood their ground. The case established that jurors cannot be punished for their verdicts, setting a precedent for jury independence.
Jury Nullification and the American Revolution
In colonial America, British authorities tried to enforce strict laws on trade, taxation, and speech. But American juries often refused to convict colonists accused of violating these oppressive laws. This widespread defiance helped fuel the Revolution.
John Adams, who later became the second U.S. president, praised jury nullification, saying:
“It is not only [the juror’s] right, but his duty... to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court.”
Fighting the Fugitive Slave Act (1850s)
One of the most powerful examples of jury nullification in American history occurred in the fight against slavery.
The Fugitive Slave Act of 1850 made it illegal to help escaped slaves, even in states that had already outlawed slavery. People who provided shelter, food, or assistance could be arrested and forced to pay heavy fines.
But many Northern juries refused to convict people accused under this law. Some abolitionists, like William Lloyd Garrison, actively encouraged jurors to use nullification to stop slavery’s spread. As a result, many prosecutions failed, weakening the law and making it unenforceable in large parts of the country.
Alcohol Prohibition and the Power of the People (1920s)
When Prohibition made alcohol illegal in the 1920s, many Americans disagreed with the law. Police arrested thousands for making, selling, or even possessing alcohol. But juries often refused to convict, making it difficult for the government to enforce Prohibition effectively.
In some cities, more than 60% of alcohol-related cases ended in acquittals, despite clear evidence of guilt. This widespread jury resistance was a major reason why Prohibition was eventually repealed.
Jury Nullification in the Modern Era
Today, jury nullification continues to play an important role in the justice system, though it is rarely talked about in courtrooms.
The War on Drugs – Many Americans believe drug laws, especially those criminalizing marijuana, are too harsh. Some juries refuse to convict people for nonviolent drug offenses, even when the law says they should.
Overcriminalization – The U.S. has thousands of laws that can turn ordinary behavior into a crime. Juries can resist unjust prosecutions by voting Not Guilty when they feel the punishment doesn’t fit the “crime.”
Victimless Crimes – Jury nullification can prevent people from being punished for acts that do not harm others, such as selling raw milk, gambling, or refusing to comply with arbitrary government regulations.
Why Haven’t You Heard About Jury Nullification?
If jury nullification is so powerful, why don’t more people know about it? The answer is simple: the government doesn’t want you to know.
Judges won’t tell you – In most trials, judges instruct jurors that they must apply the law as written, without questioning whether it is fair. In reality, jurors have the right to use their own judgment.
Lawyers can’t talk about it – In many courts, defense lawyers are forbidden from mentioning jury nullification. If they do, the judge may remove them from the case or declare a mistrial.
Activists have been arrested – In some cases, people handing out flyers about jury nullification near courthouses have been arrested or harassed by police.
Despite these challenges, jury nullification remains a powerful tool for justice—but only if people know about it.
How to Use Jury Nullification
If you are called for jury duty, you have an opportunity to make a difference. Here’s how:
Know your rights – You are not legally required to convict someone just because the judge tells you to follow the law.
Keep quiet during jury selection – If a prosecutor or judge suspects you support jury nullification, they may remove you from the jury pool. Answer questions honestly, but don’t volunteer unnecessary information.
Vote your conscience – If convicting someone would be unjust, you can vote Not Guilty, even if the law was broken. Your vote is final—the judge cannot change it.
Stand your ground – Jury verdicts must be unanimous. If you hold out and refuse to convict, the case may end in a mistrial, giving the defendant another chance.
What Can You Do?
Educate others – Most people don’t know about jury nullification. Share this information with family, friends, and community members.
Serve on a jury – Don’t avoid jury duty! See it as a chance to stand up for justice.
Get involved – The Fully Informed Jury Association (FIJA.org) provides resources to help people understand and use jury nullification.
Jury nullification is one of the most powerful, yet least known, rights in our legal system. It allows ordinary citizens to stand up against government overreach, unjust laws, and unfair prosecutions. Throughout history, juries have used this power to fight tyranny, resist oppression, and protect individual rights.
The next time you are called for jury duty, remember: you are not just judging the defendant—you are judging the law itself.
Will you use your power?
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