Defending People

the tao of criminal-defense trial lawyering

Nullification Resources

If you’re sit­ting on a jury and the facts and law require you to con­vict but your con­science requires you not to, you must fol­low your con­science and acquit. Here are some resources intended to edu­cate you, as a juror, of this right:

The Fully Informed Jury Association

FIJA Juror’s Handbook

Kelly Ross on Nullification

“Jury Nul­li­fi­ca­tion: The Evo­lu­tion of a Doc­trine” by Clay Conrad

Erowid’s Jury Nul­li­fi­ca­tion Page

(Guest Blog­ger, I’m in Har­ris County. Is this enough to get me indicted as a party to per­jury under your theory?)

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About The Author

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

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5 Responses to “Nullification Resources”

  1. Robert Guest says:

    Great work on JN. It’s about time jurors real­ized their power over the process. Jury Nul­li­fi­ca­tion is a won­der­ful tool against mis­guided government.

    I hope you con­tinue to inform the pub­lic on this impor­tant topic.

    And, Con­grats on the Fark/Reason hit and run links.

  2. Guest Blogger says:

    Why am I not impressed by that par­tic­u­lar group of websites?

    No, just kid­ding. Those are no less reli­able than the major­ity of web­sites you find out there. In fact, I want every­one read­ing this blog that I have SEEN THE LIGHT and had a com­plete change of heart! Jury nul­li­fi­ca­tion is our right as Amer­i­cans and we should be proud of it! I fully intend (future con­duct, michael) to start up a web­site devoted to this where I will sell t-shirts that read “NULLFIER ON THE LEFT” on the front and “IT’S OUR RIGHT” on the back. (I will also sell “QUESTION AUTHORITY” t-shirts and any oth­ers I can think of to boost sales in that demo­graphic.) I would encour­age any­one desir­ing to exer­cise their “rights” of jury nul­lif­ca­tion to print out the web resources Mark cited, bring them to jury selec­tion while proudly wear­ing your t-shirt, and inform the judge and the attor­neys that you are “fully informed” of your rights as a juror. Then they will know not to mess with you!!

    To Mark,

    Now that I have had my epiphany, I am chang­ing my total­i­tar­ian ways. But I hope you know me well enough to real­ize that I would cer­tainly have given you a cour­tesy call in the event of an indict­ment so that you could post a non-arrest bond.

  3. Mark Bennett says:

    Hey, to be sure you get all of us, why don’t you start ask­ing all of your poten­tial jurors if they know about their right to nullify.

    Then you can get rid of all of those who do and be left with your ideal jury: 12 igno­rant, obe­di­ent peo­ple who think the gov­ern­ment can never be wrong.

  4. David says:

    When I got up to give my first clos­ing argu­ment, I thought I’d blown it and that my client was going to get ham­mered. But I closed pretty well and the jury hung. I’ll never the way the jury split: all the peo­ple “of color” walked to our side sym­pa­thet­i­cally and all the rest, the white folks, seemed upset. One lady even crossed the “line” and walked up to me and gave me a look of pure hate.

    I was hooked.

    So thanks for the info on jury nul­li­fi­ca­tion. I hope to cre­ate that look again.

  5. don't list my name says:

    I don’t like the term jury nul­li­fi­ca­tion, a pre­fer “reflect­ing the moral con­science of the community.”

    With that said, I was talk­ing today to a pros­e­cu­tor today about a case she asked me how I thought I was going to win the case when my client read­ily admits he did the alleged offense. I responded quite sim­ply, think­ing of this post, “jury nullification,”

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