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The first rule of jury nullification is: don't talk about jury nullification

If you want to nullify a law as a member of a jury, don’t talk about jury nullification:

  • during jury selection
  • during the trial
  • in private with any other jury member
  • during verdict deliberation

There is no Michael Scott moment where you “declare nullification”.

Even if the defendant is on camera and appears to commit the crime; if the defendant admitted to committing the crime; if the defendant shook your hand and said, “send me to prison, I’m guilty” — you simply decide that you did not see sufficient evidence that the defendant is guilty.

The moment you talk about jury nullification, you will be removed from the jury and/or cause a mistrial.

Just a friendly tip to those who want to serve their civic duty!

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