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!
Buddy... he's not going to get a trial. If they catch him they will kill him on sight and say he resisted arrest. They ain't gonna let him "make his case".
During jury selection, they can't ask you directly about jury nullification but they'll ask something like "do you have any beliefs that will cause you to decide this case except solely on the evidenc/according to the law." If you believe in jury nullification, the answer is technically "yes" (good way to get out of jury duty). You're also supposed to follow the judge's jury instructions after the arguments.
But no one else is in that room, deliberations are private. And once the jury has rendered their verdict or whatever it's called, the matter is decided. No double jeopardy, no review.
I've always wondered how the US courts would respond to some kind of jury nullification PSA going viral enough, either naturally by meme or deliberately by some organization buying up ad space for it. What would happen if the majority of eligible jurors all knew about jury nullification?
Fun fact: Contempt of Court doesn't require a trial, the judge just has the bailiffs toss you into a jail cell until you pay money or a random amount of time passes
it's so fuckin goofy like it's not even a specific rule it's just something you think of when you first learn about the legal system like, wait the jury decides if the defendant is guilty of the crime? they can say whatever they want, so if they do think the defendant is guilty but they don't think they should be punished, they can just say they think they're not guilty, right? and then you think, no, surely that's stupid, how would the legal system even function if that was happening, and then you find out that it only doesn't work like that because people are thoroughly convinced that the law is a Real Thing beyond and outside of the decisions of the people that claim to uphold it like christian morality kicks us all in the butthole once again.