Jury nullification, also known in the United Kingdom as jury equity, or a perverse verdict, is when the jury in a criminal trial gives a verdict of not guilty even though they think a defendant has broken the law. The jury's reasons may include the belief that the law itself is unjust, that the prosecutor has misapplied the law in the defendant's case, that the punishment for breaking the law is too harsh, or general frustrations with the criminal justice system. Some juries have also refused to convict due to their own prejudices in favor of the defendant. Such verdicts are possible because a jury has an absolute right to return any verdict it chooses. Nullification is not an official part of criminal procedure but is the logical consequence of two rules governing the systems in which it exists:
- Jurors cannot be punished for passing an incorrect verdict.
- In many jurisdictions, a defendant who is acquitted cannot be tried a second time for the same offense.
Murad Jacob "Jack" Kevorkian was an American pathologist and euthanasia proponent. He publicly championed a terminal patient's right to die by physician-assisted suicide, embodied in his quote, "Dying is not a crime". Kevorkian said that he assisted at least 130 patients to that end. He was convicted of murder in 1999 and was often portrayed in the media with the name of "Dr. Death".
In common law jurisdictions, an acquittal means that the prosecution has failed to prove that the accused is guilty beyond a reasonable doubt of the charge presented. It certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the United States, an acquittal prohibits the retrial of the accused for the same offense, even if new evidence surfaces that further implicates the accused. The effect of an acquittal on criminal proceedings is the same whether it results from a jury verdict or results from the operation of some other rule that discharges the accused. In other countries, like Australia and the UK, the prosecuting authority may appeal an acquittal similar to how a defendant may appeal a conviction — but usually only if new and compelling evidence comes to light or the accused has interfered with or intimidated a juror or witness.
The LaRouche criminal trials in the mid-1980s stemmed from federal and state investigations into the activities of American political activist Lyndon LaRouche and members of his movement. They were charged with conspiring to commit fraud and soliciting loans they had no intention of repaying. LaRouche and his supporters disputed the charges, claiming the trials were politically motivated.
Gerald Leonard Spence is a semi-retired American trial lawyer and author. He is a member of the Trial Lawyer Hall of Fame, and is the founder of the Trial Lawyers College. Spence has never lost a criminal case before a jury either as a prosecutor or a defense attorney, and did not lose a civil case between 1969 and 2010. He is considered one of the greatest lawyers of the 20th century, and one of the best trial lawyers ever. He has been described by legal scholar Richard Falk as a "lawyer par excellence".
Geoffrey Fieger is an American attorney based in Southfield, Michigan. Fieger is the founder of the law firm Fieger Law, and is an occasional legal commentator for NBC and MSNBC. His practice focuses on personal injury, civil rights litigation and medical malpractice cases.
Gregory Bestor Craig is an American lawyer and former White House Counsel under President Barack Obama, from 2009 to 2010. A former attorney at the Washington, D.C. law firm of Williams & Connolly, Craig has represented numerous high-profile clients. Prior to becoming White House Counsel, he served as assistant to the President and special counsel in the White House of President Bill Clinton, where he directed the team defending Clinton against impeachment. Craig also served as a senior advisor to Senator Edward Kennedy and to Secretary of State Madeleine Albright.
In the United States, jury nullification occurs when a jury in a criminal case reaches a verdict contrary to the weight of evidence, sometimes because of a disagreement with the relevant law. It has its origins in colonial America under British law. The American jury draws its power of nullification from its right to render a general verdict in criminal trials, the inability of criminal courts to direct a verdict no matter how strong the evidence, the Fifth Amendment's Double Jeopardy Clause, which prohibits the appeal of an acquittal, and the fact that jurors cannot be punished for the verdict they return.
The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: "[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb..." The four essential protections included are prohibitions against, for the same offense:
Paul David Borman is a senior United States district judge of the United States District Court for the Eastern District of Michigan, having been appointed in 1994. Borman was earlier an assistant United States attorney, and Special Counsel to the Mayor of Detroit. For 15 years thereafter, he was chief federal defender of the Legal Aid & Defender Association of Detroit from 1979 to 1994. When he was appointed to be a federal judge, he became the first federal defender to be appointed to the federal bench. He was also a Professor and Assistant Dean at Wayne State University Law School, and an Adjunct Lecturer at the University of Michigan Law School.
The 1998 Michigan gubernatorial election was held on November 3, 1998, to elect the Governor and Lieutenant Governor of the state of Michigan. Incumbent Governor John Engler, a member of the Republican Party, was re-elected over Democratic Party nominee Geoffrey Fieger, a lawyer who had represented the assisted suicide advocate Jack Kevorkian. As of 2024, this was the last time Genesee County and Washtenaw County voted for the Republican gubernatorial candidate.
M. Gerald Schwartzbach is an American criminal defense attorney.
Sergey Aleynikov is a former Goldman Sachs computer programmer. Between 2009 and 2016, he was prosecuted by NY Federal and State jurisdictions for the same conduct of allegedly copying proprietary computer source code from his employer, Goldman Sachs, before joining a competing firm. His first prosecution in federal court in New York ultimately resulted in acquittal by the United States Court of Appeals for the Second Circuit. The outcome of his second prosecution and trial in New York state court was a split verdict dismissed by court, which acquitted him on all counts. One count in that order of dismissal was later overturned by New York Court of Appeals, which took a very broad interpretation of the statute, and on recommendation of prosecutors he was sentenced to time served without punishment. The same New York Court of Appeals denied his petition to appeal on double jeopardy grounds. His story inspired Michael Lewis's bestseller Flash Boys.
The trial of Sheila Dixon, then mayor of Baltimore, started on November 9, 2009. It was the first of two scheduled trials for Dixon on a variety of charges. The charges stemmed from alleged corruption on the part of the mayor involving gifts she allegedly received and gift cards she allegedly stole.
Aiyana Mo'Nay Stanley-Jones was a seven-year-old African American girl from Detroit's East Side who was shot in the neck and killed by police officer Joseph Weekley during a raid conducted by the Detroit Police Department's Special Response Team. The Team was targeting a suspect in the apartment a floor above Jones' on May 16, 2010. Her death drew national media attention and led U.S. Representative John Conyers to ask U.S. Attorney General Eric Holder for a federal investigation into the incident.
Grand juries in the United States are groups of citizens empowered by United States federal or state law to conduct legal proceedings, chiefly investigating potential criminal conduct and determining whether criminal charges should be brought.
On February 6, 2015, three police officers assaulted, detained, and seriously injured Sureshbhai Patel, a 57-year-old Indian national, in a residential neighborhood in Madison, Alabama, U.S. A neighborhood resident called the police on Patel, who was visiting his son and spoke no English, for alleged suspicious behavior in the neighborhood. Video footage from two police car dashboard cameras shows the officer slamming Patel to the ground. He was hospitalized and is partially paralyzed from his injuries. The incident led many citizens to accuse Madison Police Department of police brutality and prompted a response from the Indian government.
Marilyn Mosby is an American politician and lawyer who served as the State's Attorney of Baltimore from 2015 to 2023. Mosby gained national attention following the killing of Freddie Gray in 2015, after which she led a highly publicized investigation and unsuccessful murder prosecution of the police officers who arrested and transported Gray.
The two criminal trials of Paul Manafort were the first cases brought to trial by the special counsel's investigation into Russian interference in the 2016 presidential election. Manafort served as campaign chair for the Donald Trump 2016 presidential campaign from June 20 to August 19, 2016. In July 2017, the FBI conducted a raid of Manafort's home, authorized by search warrant under charges of interference in the 2016 election. Manafort and his business assistant Rick Gates were both indicted and arrested in October 2017 for charges of conspiracy against the United States, making false statements, money laundering, and failing to register as foreign agents for Ukraine. Gates entered a plea bargain in February 2018.
United States v. Marcos was a 1990 federal trial involving the former First Lady of the Philippines and the first governor of Metro Manila, Imelda Marcos, who was indicted on charges of fraud, racketeering, conspiracy, and obstruction of justice. Co-defendant was Saudi arms dealer and businessman Adnan Khashoggi, who was indicted on charges of fraud and obstruction of justice.
