Jury Nullification: The Current State of the Law

51 Pages Posted: 31 Jan 2020 Last revised: 19 Feb 2020

Date Written: January 27, 2020

Abstract

In 2018, the Utah legislature considered a proposed bill that would have explicitly granted jurors the right to nullify in criminal cases. This research, done in preparation for committee testimony, contains the most up-to-date law on the topic. It includes a fifty-state survey on whether juries in various jurisdictions are (1) given the right to consider the possible sentencing penalty before rendering a verdict; (2) told they may disregard the law; or (3) instructed on the right to nullify. Additionally, the research includes fifty-state survey data on whether judges may lie to juries about the right to nullify, and how various jurisdictions treat attempts by outside organizations to notify potential jurors of their right to nullify.

Suggested Citation

Heiny, Louisa, Jury Nullification: The Current State of the Law (January 27, 2020). University of Utah College of Law Research Paper No. 351, Available at SSRN: https://ssrn.com/abstract=3527787 or http://dx.doi.org/10.2139/ssrn.3527787

Louisa Heiny (Contact Author)

University of Utah ( email )

1645 E. Campus Center
Salt Lake City, UT 84112
United States

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