I know this isn’t gonna help anyone on the Luigi Mangione jury, but I feel like I see a lot of people throw around “Jury Nullification” without actually understanding the responsibility it entails.
Jury Nullification is NOT your explicit right. It is a legal gray area that rides on the back of your explicit rights. Specifically, a jury has the right to
- Return any verdict it sees fit.
- Not be punished for the verdict it selects.
- Not have their verdict challenged or directed.
For these reasons, you (as a Juror) and the people (as a Jury) have the right to vote whichever way they see fit for whatever reason they may choose. That includes voting “Not Guilty” in a situation where the defendant has broken the law, but the circumstances or law, itself, require an alternative verdict.
However.
Just like you have the right to return whatever verdict you choose, a judge has the right to remove you from the jury if they feel you are being deceptive about your impartiality. The point of a trial is to be as neutral and impartial as possible. After all, a trial with biases is not a “fair” trial. Jurors who have prior knowledge and opinions about a case and its circumstances must be removed from the case and relieved of their jury duty. Jurors who intent to disregard the letters of the law in favor of opinion, morality, whatever, must also be relieved of their jury duty and replaced. Therefore, if you approach your fellow jurors and tell them about Jury Nullification and your plans to utilize it, someone may very well tell on you to the judge. It is then that judge’s obligation to remove you from the jury and replace you with a more impartial juror (one that may not know about Jury Nullification). Therefore, if you openly support Jury Nullification in a court room, you can (and will) be removed from it.
So, even if it means hanging the jury with a non-unanimous vote, you cannot inform others about your intentions, and you cannot encourage others to utilize Jury Nullification, too. It sucks, but it’s reality. Court rooms are very disapproving of Jury Nullification to the point that they have (wrongly) charged individuals with Contempt of Court for telling jurors about it. Lawyers are even forbidden from telling juries they can use this right, in the first place. That’s how disliked this ability is. So one more time:
If you intend on actually utilizing Jury Nullification, you have to be completely silent about it. Period. You cannot inform your fellow jurors about it, and you cannot inform anybody in the court room about your plans to utilize it. That is it. That is how things work, and you have to tread lightly and carefully.