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Frequently Asked Questions

Frequently Asked Questions

This information is provided for educational purposes. These are our observations only and do not constitute legal advice. FIJA does 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.

Jury Nullification Basics

Legal Basis for Jury Nullification

  • Where are jury rights codified in the United States Constitution?
  • Where is jury nullification codified in the United States Constitution?
  • 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?
  • Is jury nullification illegal where there is no law specifically authorizing it?
  • 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?

Hung Juries and Mistrials

Double Jeopardy

Jury Selection (Voir Dire)

  • What is voir dire?
  • How do I get on the jury?
  • Should I bring up jury nullification during jury selection?
  • Do I have to answer questions about jury nullification?
  • What are challenges for cause?
  • What are peremptory challenges?
  • May I be eliminated from the jury because of my race or gender?
  • May I be eliminated from the jury because of my religion?
  • May I be eliminated from the jury because of my sexual orientation?
  • May I be eliminated from the jury because of my political affiliation?
  • How is jury selection used to eliminate fully informed jurors who might exercise jury nullification?

Jury Unanimity

  • Are jurors always required to agree unanimously to deliver a verdict in the United States?
  • Has the Supreme Court weighed in on non-unanimous jury verdicts?
  • In practice, do any states allow non-unanimous jury verdicts?
  • How do non-unanimous verdicts undermine the protective role of jurors?

Speedy Trials

Jury Issues in Capital Cases

Undermining the Protective Role of Juror

  • What is the separate sovereigns doctrine (or the dual sovereignty doctrine)? 
  • How does the separate sovereigns doctrine (or the dual sovereignty doctrine) undermine the protection of trial by jury? 
  • What is asset forfeiture?
  • How does asset forfeiture undermine the protection of trial by jury?
  • What is acquitted conduct sentencing?
  • How does acquitted conduct sentencing undermine the protection of trial by jury?
  • How does reducing the size of the jury undermine the protection of trial by jury?

Jury Sentencing

  • What is jurors' role in sentencing in capital cases?
  • What is jurors' role in sentencing in non-capital cases?

Why Can't Somebody Get a Jury Trial...

  • for their misdemeanor charges?
  • for their divorce?
  • for a child custody dispute?
  • in juvenile court?
  • for Securities and Exchange Commission legal proceedings?
  • in tax courts?
  • in immigration courts?
  • in "drug courts"?