Jury Nullification in Political Trials

Abstract

Judges in the United States usually do not tell juries of their historic power to nullify the law by acquitting defendants who are guilty according to the evidence. This fact may affect the fortunes of political defendants and their protest movements. This paper looks at the history of jury nullification in political trials in England and the United States and the ideological consequences of the refusal of many judges in trials of Vietnam War protesters to inform jurors of their power to nullify. Had jurors been so informed, more acquittals or hung juries would probably have resulted, presenting a serious challenge to the government's conduct of the war. I also address the theoretical and research implications of my analysis.

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