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

• What is jury nullification?
• Is jury nullification legal?
• Why would a juror want to nullify?
• How do I use jury nullification to conscientiously acquit?
• If I conscientiously acquit, can I legally be punished?
• Should I discuss jury nullification with my fellow jurors?​
• The jury instructions say or the judge said that jury nullification is invalid. Is that true?
• What are some examples of jury nullification?

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?
• 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

• Must the jury agree on a verdict?
• What happens if there is a hung jury?
• What is a mistrial?
• What is an Allen (or "dynamite") charge?
• How can someone be retried after a hung jury?

Double Jeopardy

• What is double jeopardy?
• When does jeopardy "attach" (and what does that mean)?
• When does jeopardy "terminate" (and what does that mean)?
• Isn't prosecuting someone twice or more for the same offense in the same court putting them in double jeopardy?
• Doesn't prosecuting someone in federal court for an offense they were acquitted of in state court violate double jeopardy?
• What does double jeopardy have to do with jury nullification?

Jury Selection (Voir Dire)

• What is 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?

Jury Unanimity

• Aren't 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?

Jury Issues in Capital Cases

• What does jury nullification refer to in capital cases?
• What is a "death-qualified" juror or jury?
• How does death qualification affect trial by jury?

Undermining the Role of Juror

• How does reducing the size of the jury undermine the role of jurors?
• How does asset forfeiture circumvent the protection of trial by jury?
• How does sentencing on acquitted conduct usurp the rightful authority of the jury?

Jury Sentencing

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