Jury Nullification

People have a great deal of power and ability to form and shape our government and yet many of the paths through which people can do this are not utilized. We all know about voting, but there are many other paths that are not widely known and, often, deliberately kept from the public. One of the least known tools in the public’s ‘checks-and-balances’ tool bag is jury nullification. As jurors, we, the people, have the ability, not just to determine the facts and consequences of the present case, but also to shape police policy, steer the direction of the judiciary and legislative branches and influence public policy.

Jury nullification is one of the oldest tools at the juror’s disposal; it was promoted early on by the likes of John Adams and John Hancock. Through the process known as jury nullification, the jury can refuse to apply the law and render a verdict they feel is just, even if it doesn’t square up with the law or the instructions of the judge. In Oregon, for example, there are crimes with mandatory minimum jail sentences that can be very lengthy. It could be that the jury believes defendant X did do the thing alleged, but feels the punishment is extreme given the circumstances and facts and that the punishment would not benefit the public. They can simply find defendant X not guilty and, subject to appeal, that would be that.

Jury nullification can also be employed when juries feel the law itself is unjust. In fact, there was recently a grassroots movement in a county in Montana to refuse to convict based on most marijuana crimes. The judges in the county ended up having to farm jurors from other counties and, even then, found it hard to find jurors who hadn’t heard about or agreed with the movement. As such, the police in the county issued a statement that they would be citing people for and investigating these crimes differently due to the public’s expression through jury nullification. As a citizen of this great country of ours, it is important that we not simply keep our heads down, never attempting to address our concerns with government action. This is our country and must remain so. If you or someone you know is suddenly facing court action, call a Portland attorney who knows more than just the bare minimum of the law. There may be aspects of the law you’ve never even heard of. Don’t go it alone, call us today.