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> Another topic that everybody should know about is juror nullification. Jurors who are aware of jury nullification are routinely dismissed.

AlbertCory 3y ago
I saw this happen in a real trial. It's more complicated than just saying "jury nullification." You have to explain your beliefs.
everybodyknows 3y ago
Is it indeed routine to ask prospective jurors if they are aware of the term? Anecdata: I can see how it might be possible, based on my own jury duty callup last month. Hundreds in the waiting room, when individual trials did "go to jury", a secondary lottery chose from the hundreds a batch of more than 60 to go for interview. So, the lawyers would be further weeding out some 80%.
- woodruffw 3y ago
  > Is it indeed routine to ask prospective jurors if they are aware of the term? It probably varies, but it isn't routine where I live. I've been called for voire dire and subsequent selection a few times, and haven't ever been asked about nullification. (I think the majority of people get excluded based on whether the trial's schedule would be an unreasonable hardship/imposition, voluntarily disclosed conflicts of interest, etc.)
- kmoser 3y ago
  Lawyer: "Are you aware of the phrase 'juror nullification?'" Potential juror: "I am now!"
Uehreka 3y ago
Nope, this is a commonly repeated falsehood. Judges really don’t want to reduce the jury pool unless they really really need to. If they cut everyone who had seen CGP Grey’s video on Jury Nullification they’d unnecessarily thin the pool. The way they do it is by specifically asking if you have any beliefs that would lead you to convict/acquit someone even if the evidence pointed to the opposite outcome. The question even tells you that Jury Nullification (making a false verdict) is a thing that’s possible to do. They want to know if you’re planning on doing it. If you’re called for a murder trial and say “I don’t think murder is immoral” or “If the guy’s been accused, let him hang!” then yes, you’ll get out of jury duty. You’ll also look like a huge asshole in front of a bunch of people from your community. And that’s how they get ya. Unless you have some really out-there views, or are willing to commit to acting like you do, you can’t get out of jury duty by going “I know about Jury Nullification!”

AlbertCory 3y ago

I saw this happen in a real trial. It's more complicated than just saying "jury nullification." You have to explain your beliefs.

everybodyknows 3y ago

Is it indeed routine to ask prospective jurors if they are aware of the term? Anecdata: I can see how it might be possible, based on my own jury duty callup last month. Hundreds in the waiting room, when individual trials did "go to jury", a secondary lottery chose from the hundreds a batch of more than 60 to go for interview. So, the lawyers would be further weeding out some 80%.

woodruffw 3y ago
> Is it indeed routine to ask prospective jurors if they are aware of the term? It probably varies, but it isn't routine where I live. I've been called for voire dire and subsequent selection a few times, and haven't ever been asked about nullification. (I think the majority of people get excluded based on whether the trial's schedule would be an unreasonable hardship/imposition, voluntarily disclosed conflicts of interest, etc.)
kmoser 3y ago
Lawyer: "Are you aware of the phrase 'juror nullification?'" Potential juror: "I am now!"

Uehreka 3y ago

Nope, this is a commonly repeated falsehood. Judges really don’t want to reduce the jury pool unless they really really need to. If they cut everyone who had seen CGP Grey’s video on Jury Nullification they’d unnecessarily thin the pool. The way they do it is by specifically asking if you have any beliefs that would lead you to convict/acquit someone even if the evidence pointed to the opposite outcome. The question even tells you that Jury Nullification (making a false verdict) is a thing that’s possible to do. They want to know if you’re planning on doing it. If you’re called for a murder trial and say “I don’t think murder is immoral” or “If the guy’s been accused, let him hang!” then yes, you’ll get out of jury duty. You’ll also look like a huge asshole in front of a bunch of people from your community. And that’s how they get ya. Unless you have some really out-there views, or are willing to commit to acting like you do, you can’t get out of jury duty by going “I know about Jury Nullification!”