The Juror's Power
Twelve people can say no.
A juror who believes a law is unjust, or that a prosecution is unjust, can vote not guilty. The verdict needs no explanation, cannot be appealed, and cannot be punished. This is jury nullification: the one place in American law where an ordinary citizen outranks the statute book. Here is what it is, where it came from, what it asks of you, and the hard cases it has produced.
Civic education, not legal advice. Nothing on these pages is a message to any sitting juror about any case. If you are serving now, the court, not a website, answers your questions.
Three facts
Why the power exists whether or not anyone announces it
An acquittal is final.
The Fifth Amendment's double jeopardy clause means a not-guilty verdict ends the case. The judge cannot set it aside and the prosecution cannot appeal it, however wrong the court thinks the jury was. The Supreme Court said so in United States v. Ball (1896) and again in Fong Foo v. United States (1962).
No one can punish you for it.
Since Bushel's Case in 1670, a juror cannot be fined, jailed, or questioned for a verdict. A jury gives no reasons, and the rules of evidence bar courts from inquiring into deliberations after the fact (Federal Rule of Evidence 606(b)).
The court will not tell you.
In Sparf v. United States (1895) the Supreme Court held, five to four, that judges need not inform juries of this power. Most courts now instruct the opposite: apply the law as given, whether you agree with it or not. The power survives anyway, because facts one and two do not depend on anyone's permission.
Put those three facts together and the conclusion is unavoidable. A jury's verdict of not guilty is unreviewable, unexplained, and unpunishable. Whatever a jury does with that verdict, including refusing to convict a defendant it believes broke an unjust law, stands. Courts call this the jury's power and, in most of the country, deny that it is a right. The distinction matters, and the rights page walks through it. But no one disputes the power itself. The judges who wrote United States v. Dougherty (1972), the leading modern case against instructing juries on nullification, began by conceding it: “The pages of history shine on instances of the jury's exercise of its prerogative to disregard uncontradicted evidence and instructions of the judge.”
The oath
“A true verdict render”
In many American courtrooms a juror still swears to “well and truly try” the case and “a true verdict render according to the evidence.” The oath promises a true verdict, not an obedient one. Then the judge reads an instruction that sounds, in most jurisdictions, something like this:
It is your duty to apply the law as I give it to you, whether you agree with it or not.The standard form of the instruction in federal and most state courts
Both things are true at once. The instruction describes the juror's duty as the court sees it. The three facts above describe what happens if a juror, having weighed the evidence and the law in good conscience, cannot vote to convict. Nothing happens. That gap between the instruction and the consequence is the whole subject of these pages. This site took its name from the oath: a true jury of the public, every verdict on the record.
Where it comes from
The short version of a long history
- 1670Bushel's Case.
A London jury refuses to convict William Penn of unlawful preaching, is locked up without food or fire for two nights, and is fined. Chief Justice Vaughan frees them and rules that jurors may not be punished for their verdict.
- 1735The Zenger trial.
A New York printer is tried for seditious libel under a law in which truth is no defense. Andrew Hamilton asks the jury to judge the law as well as the facts. Acquitted in minutes.
- 1794Georgia v. Brailsford.
Chief Justice John Jay, sitting with a jury at the Supreme Court, tells it that it has “a right to take upon yourselves to judge of both, and to determine the law as well as the fact in controversy.”
- 1850sThe Fugitive Slave Act.
Northern juries refuse to convict the people who rescued escaped slaves from federal custody. Prosecutions in Boston and Syracuse collapse.
- 1895Sparf v. United States.
The Supreme Court holds that federal judges need not tell juries they may judge the law. The modern settlement begins: the power stays, the announcement goes.
- 1920sProhibition.
Juries acquit in liquor cases at rates that make the Volstead Act unenforceable in much of the country, one of the pressures behind repeal in 1933.
- 1972United States v. Dougherty.
The D.C. Circuit concedes the power, refuses the instruction, and Judge Bazelon's partial dissent argues that a free people deserves candor from its courts.
- 2012 to 2020The pamphlet cases.
Prosecutors charge people for handing out nullification leaflets outside courthouses. Courts in New York, Colorado, and Michigan throw the charges out.
What it asks of you
The power lives in the verdict, not in a speech
Nullification is not a loophole and it is not a performance. It is the last resort of a juror who has done the work, weighed the evidence, understood the law, and still cannot in conscience convict. The courts have drawn clear lines around how that juror is treated, and a juror who wants to keep the power should know exactly where they are.
What the law protects
- Your vote. No court can overturn an acquittal or make you explain it.
- Your silence. Deliberations are secret, and you are never required to give reasons.
- Your holdout. Since Ramos v. Louisiana (2020) every felony conviction in every state requires a unanimous jury. One vote prevents a conviction.
- Your conscience. Weighing whether a conviction would be just is part of judging, and juries have done it for 350 years.
What the law does not protect
- Lying under oath. Jury selection questions are answered under oath, and a false answer is perjury. The protection covers verdicts, not falsehoods.
- Announcing a refusal. Courts have excused prospective jurors, and removed sitting ones, for declaring in advance that they will not apply the law (United States v. Thomas, 1997; People v. Williams, 2001).
- Outside research or outside contact. Looking up the case, discussing it outside the jury room, or taking material about your case from a stranger can end your service and endanger the trial.
- Convicting against the law. The power runs one way. A jury that convicts without evidence is overturned on appeal; a jury that acquits is not.
The hard truth
The same power acquitted the killers of Emmett Till
In September 1955 an all-white Mississippi jury took sixty-seven minutes to acquit the two men who had tortured and murdered a fourteen-year-old boy. Both later confessed to a magazine for money. In 1964 two Mississippi juries hung rather than convict the man who shot Medgar Evers in his driveway; he was convicted in 1994. For a century, Southern juries used the unreviewable verdict to protect lynching and to nullify the civil rights laws that Congress had written.
Any honest account of nullification has to hold both halves. The verdict that freed William Penn and the verdict that freed Till's killers rest on exactly the same legal foundation. That is why this site exists. A power with no reasons attached is only as good as the conscience that holds it, and conscience is a skill. It improves with practice, with reading the record before deciding, with writing down why, and with seeing where you stood against everyone else.
The power is only as good as the juror who holds it.
Every argument on these pages ends in the same place: a verdict with no reasons attached is only as wise as the conscience behind it. TrueJury exists to exercise that conscience. Real people read the record of a famous case, cast a verdict, write their reasoning, and see where they stood against everyone else. Practice the job before a courtroom asks it of you.
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The rest of the record
Principal sources: Bushel's Case, 124 Eng. Rep. 1006 (C.P. 1670); Georgia v. Brailsford, 3 U.S. 1 (1794); Sparf v. United States, 156 U.S. 51 (1895); United States v. Ball, 163 U.S. 662 (1896); Fong Foo v. United States, 369 U.S. 141 (1962); United States v. Dougherty, 473 F.2d 1113 (D.C. Cir. 1972); United States v. Thomas, 116 F.3d 606 (2d Cir. 1997); People v. Williams, 25 Cal. 4th 441 (2001); Ramos v. Louisiana, 590 U.S. 83 (2020); Clay S. Conrad, Jury Nullification: The Evolution of a Doctrine (1998); Kalven and Zeisel, The American Jury (1966).