11885253_10207362557652489_2180797410969448249_nThis information is provided for educational purposes only. These are our observations only and do not constitute legal advice. FIJA does not have any lawyers on staff and we do not offer legal advice or legal referrals.

This is a work in progress. If you have questions you would like us to answer here about juries and jury nullification, please email us at aji@fija.org.

Juries and Jury Nullification
What is jury nullification?
Is it legal?
Why would a juror want to nullify?
● Can I legally be punished for nullifying?
● What are some examples of jury nullification?
How do I nullify?
● How do I bring up jury nullification to my fellow jurors?
● The jury instructions say or the judge said that jury nullification is invalid. Is that true?

Hung Juries
Must the jury agree on a verdict?
What happens if there is a hung jury?

Juries, Jury Nullification, and the Death Penalty
What is unique about jury selection in capital cases?
● Is death-qualifying jurors in capital cases fair?
What does jury nullification mean with regard to capital cases?
What are some examples of jury nullification in death penalty cases?

Legal Basis for Jury Nullification
● What is the legal basis for jury nullification?
● What was the intent of the Founders with regard to jury nullification?
● What laws specifically permit jury nullification?
● There’s no provision in my state constitution or laws specifically telling me I am allowed to nullify. Does that mean it’s illegal in my state?
● Is jury nullification a right or just a power?
● What have the courts said in support of jury nullification?
● What have legal professionals said in support of jury nullification?

Jury Selection (Voir Dire)
● How do I get on the jury?
● Should I bring up jury nullification during jury selection?
● What are challenges for cause?
● What are peremptory challenges?
● May I be eliminated from the jury because of my race or gender?

Undermining the Role of Jurors
● How do non-unanimous verdicts undermine the role of jurors?
● How does reducing the size of the jury undermine the role of jurors?
● How does asset forfeiture circumvent the protection of trial by jury?

This FAQ is a work in progress.
Check back in the future as we will be adding to it frequently.