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.

Juries and Jury Nullification

• 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?

Hung Juries and Mistrials

• Must the jury agree on a verdict?
• What happens if there is a hung jury?
• What is a mistrial?

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 Nullification and Other 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?