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!
so … when do you actually use jury nullification if you can’t ever actually say those words?
Or do you just acquit them by saying insufficient evidence, as you mentioned?
Option 2. Option 1 is like the cartoon character who monologues instead of taking action and gets interrupted as the butt of the joke.