CRFC THE AMERICAN JURY
BULWARK OF DEMOCRACY
About the Project
Constitutional Rights Foundation Chicago
Chicago Historical Society
National Endowment for the Humanities
AN ONLINE RESOURCE GUIDE
Jury Nullification
Lessons and Activities

Jury Trials for the Classroom

Resources
from the Chicago Historical Society


Web Resources

Print Resources

Site Index

HISTORY AND PURPOSE

Origins of the American Jury

Formation of the American Jury

STRUCTURE

Introduction to Trial by Jury

Grand Jury

Right of the Accused to Trial by Jury

Jury Selection: Voir Dire

Jury of One's Peers

Jury Deliberation

ISSUES

Evidence

Jury Nullification

Jury Trials and the Media

Jury Damage Awards

Comparative Jury Systems

FUTURE

Jury in American Society

Jury Reform

Future of the American Jury

Juries are charged today with the responsibility of reaching a verdict based on the facts of a case within the law as it is explained by the trial judge. Almost since the beginning of the jury in England, however, jurors have engaged in "nullification," where the jury exercises its discretion "in favor of a defendant whom the jury nonetheless believes to have committed the act with which he is charged" (Green, 1985). Jury deliberations are secret; thus, nullification is both a covert and controversial activity. When people suspect that it has occurred, nullification is seen as a fundamental threat to the rule of law, a triumph of democratic government, or (paradoxically) a little of both.

This section of "The American Jury" offers background and resources on jury nullification- what it is, how and when it occurs, and why it arouses such strong passions. It also offers lessons and classroom resources to help students explore and understand this issue.

LIST OF LESSONS

Jury Nullification: Definitions and Examples

How Close Is Close Enough?

A Violation of the "Sex Offender Registration Act"?

LINKS TO RELEVANT SITES

Fugitive from Labor Cases: Henry Garnett (1850) and Moses Honner (1860)

The "Conscience of the Community"
Arizona Judicial Branch: The American Jury

Fully Informed Jury Association

Jury Rights Project


PRINT RESOURCES

Green, Thomas Andrew. Verdict According to Conscience: Perspectives on the English Criminal Trial Jury, 1200-1800 (1985), Introduction, pp. xiii-xx, and especially Ch. 6 "The Principle of Non-Coercion: The Contest over the Role of the Jury in the Restoration," pp. 200-264.

Katz, Stanley Nider, (Ed.). "Introduction," pp. 1-33, in James Alexander, A Brief Narrative of the Case and Trial of John Peter Zenger Printer of the New York Weekly Journal (1972).

Kennedy, Randall. "Racial Conduct by Jurors and Judges: The Problem of the Tainted Conviction," pp. 277-282, and "Black Power in the Jury Box?", pp. 295-310, Race, Crime and the Law (1997).

Finkelman, Paul, Kermit Hall, and William Wiecek, (Eds.). American Legal History, pp. 27-29.


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