Examining Jury Nullification in Texas Criminal Cases

 Posted on November 14, 2024 in Criminal Law

One topic in criminal law that gets relatively little attention is jury nullification. This legally recognized option offers juries an interesting way to balance their personal beliefs and conscience with current laws. It allows juries who acknowledge that a defendant violated a law but feel that the law is unjust or was applied unjustly to acquit him or her of the criminal charges in their case.

This practice is legal in Texas. However, the majority of people, including people who sit on juries, do not even know that it is an option. To learn more about jury nullification, speak with a knowledgeable Tarrant County, TX criminal defense lawyer.

Why Does Jury Nullification Happen?

Jury nullification happens when a jury finds a defendant not guilty even though they believe he or she broke the law if the jurors believe the law is unjust, unfair, or should not apply in that particular case. Since jurors are tasked with making judgments that reflect their communities’ values, they can return a verdict that might go against the law or the facts in a given case.

Jury nullification is extremely uncommon, with one advocacy group estimating that it happens in 3-4 percent of trials. However, it can have a significant impact on the outcome of a criminal trial.

When is Jury Nullification Appropriate?

America has a history of reconciling older laws with newer beliefs and values. One example is slavery, which is credited with being the field of law that inspired jury nullification in the country. Trials were brought before courts to judge violations of the Fugitive Slave Act of 1950, which required anyone who found escaped slaves to return them to their slaveholders even if they were found in a state that did not allow slavery. Many jurors felt it was the laws surrounding slavery that were wrong, rather than the act of helping slaves escape to freedom. Several juries in the North acquitted defendants despite evidence that they violated the law.

Later, when the manufacture, sale, and transportation of alcohol was banned in America between 1920 and 1933, many juries who felt the Prohibition was wrong used nullification to seek justice.

Nowadays, jury nullification is sometimes used in drug cases. With many jurors finding the laws unjust as they are or affecting certain population groups more than others, small numbers of juries have acquitted some defendants despite sufficient evidence that they violated a law.

The Controversy Surrounding Jury Nullification

Some judges have found lawyers and proponents of the practice in contempt of the court or guilty of jury tampering for mentioning jury nullification to jurors. Advocates believe it is every juror’s right to be informed of every possibility. Opponents think it can be dangerous to allow regular citizens who are not legal experts to have the power to influence the law.

Texas has no law explicitly granting juries this power. On the other hand, it is also not prohibited. Jury nullification will remain an interesting topic to follow for years to come.

Contact a Dallas, TX Criminal Defense Lawyer

The oldest law in America was passed in 1789. 235 years later, it is fair to say that many things have changed and some of our laws need to be rewritten. While jury nullification is very uncommon, it can happen when a jury is convinced that a law that was violated is unjust.

If you are facing charges of violating a morally objectionable law, or a law that was unfairly applied to you, a qualified Tarrant County, TX criminal defense attorney can focus on that aspect while advocating for you. At Law Office of Michelle Poblenz, we are dedicated to examining every possible angle when building a strong defense for our clients. Call us at 469-845-3031 to schedule a private consultation so we can discuss your case.