2014•bepress Legal RepositoryOpen access

Jury Nullification: What It Is and How to Do It Ethically

Monroe H. Freedman

Abstract

The article discusses the concept of jury nullification (JN) in America as of 2014, and it presents practical advice for U.S. attorneys on how to use the JN process in an ethical manner. The U.S. Supreme Court determined in the 1895 case Sparf v. United States that jurors, who have the power to nullify the law in rendering a general verdict, can also be kept ignorant of their power of nullification. U.S. constitutional laws and several other JN cases are examined.

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Key concepts: Nullification, Law, Jury, Conviction, Political science, Acquittal, Pretext, Opposition (politics)