Defending People

the tao of criminal defense trial lawyering

Nullification Resources

Mark Bennett | March 28, 2008

If you’re sitting on a jury and the facts and law require you to convict but your conscience requires you not to, you must follow your conscience and acquit. Here are some resources intended to educate you, as a juror, of this right:

The Fully Informed Jury Association
FIJA Juror’s Handbook
Kelly Ross on Nullification
“Jury Nullification: The Evolution [...]

Jury Nullification: The Book

Mark Bennett | March 28, 2008

My friend, fellow Houston criminal defense lawyer Clay Conrad, wrote the book on jury nullification. Literally.
Clay’s taking a little time off; I expect him to join in soon, but until then there’s always his book:
“Jury Nullification: The Evolution of a Doctrine”

Truth and Jury Nullification

Mark Bennett | March 27, 2008

Jurors in Texas must swear that they “will a true verdict render according to the law and the evidence.”
My Guest Blogger maintains that a nullification verdict is not “a true verdict according to the law and the evidence,” insisting that “true” in the context means “Guilty if he’s guilty and not guilty if he’s not.”
He [...]

Guest Post: Jury Nullification — A Prosecutor’s View

Mark Bennett | March 26, 2008

The following was sent to me by a prosecutor who wishes to remain anonymous. (No, it’s not AHCL.) I disagree with him — I think he’s missing at least one essential point (that jury nullification is the law, so that a nullifying verdict is a verdict “according to the law”) — but he’s not entirely [...]

Wire Writers Speak

Mark Bennett | March 11, 2008

AHCL’s post on the “war on drugs” and my response started with AHCL’s question on the overall message of The Wire with regard to that “war.” Was the message intended to be that the WoD is unwinnable but worth fighting? Or was it that the WoD is unwinnable and self-destructive?
Now (with a hat tip to [...]