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Jury nullification occurs when a criminal trial jury refuses to convict a defendant, even if the prosecution has proven their case beyond a reasonable doubt. This happens when jurors believe that:
Jury nullification serves as a crucial safeguard against government overreach, preventing individuals from being convicted under unfair, immoral, or oppressive laws. This concept has been a fundamental part of the American legal system for over 800 years and is deeply embedded in the U.S. Constitution.
“Judges tell jurors to commit injustice in the name of the law, and we call that progress.”
— Clay S. Conrad
At Looney Smith Conrad & Hefti P.C., we advocate for jury independence and help clients navigate complex legal challenges involving unjust prosecutions.
Jury nullification is protected by the Sixth Amendment and is explicitly recognized in the constitutions of all 50 states. The Founding Fathers viewed juries as a check on judicial power, ensuring that laws reflect justice and morality rather than blind enforcement.
Historically, jurors were considered both fact-finders and judges of the law, determining where justice truly lies. However, modern courts have restricted this power, instructing jurors to apply laws exactly as written, even when the outcome is unjust.
“Where a jury does not question the law, they become useless.” – Alexander Hamilton
William Penn & William Mead (1670)
Jurors refused to convict Quakers for holding a religious gathering. When punished for their decision, the courts ruled that jurors cannot be penalized for their verdicts, reinforcing the power of jury independence.
The Zenger Trial (1735)
Established the foundation for freedom of the press and confirmed the jury’s power to acquit when the law is unjust.
Sparf v. United States (1895)
The Supreme Court ruled that courts are not required to inform jurors about nullification, though they may still allow it.
Prohibition Era (1920s-30s)
During Prohibition, nearly 60% of alcohol-related cases resulted in jury acquittals, demonstrating widespread public opposition to restrictive alcohol laws.
Despite its importance, most jurors are unaware of their right to nullify because courts do not inform them of this power.
Jurors are often conditioned to follow judicial instructions without question. Research, including the Milgram Experiment on obedience, shows that people tend to comply with authority figures—even when doing so violates their personal moral beliefs.
Watch Clay S. Conrad’s Presentation on Jury Nullification:
Attorney Clay S. Conrad is widely recognized as a national expert on jury nullification. His book, Jury Nullification: The Evolution of a Doctrine, is the definitive academic resource on this critical legal principle.
At the International Drug Policy Reform Conference, Clay was described as a “jury nullification heavyweight” for his expertise on how strategic jury nullification can challenge unfair laws, particularly in the war on drugs.
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Copyright © 2025 Looney Smith Conrad & Hefti, P.C. All rights reserved. The site is designed by JSBC Marketing.