Smith, Jeremiah Shank

Jury nullification is defined as a "Jury's knowing and deliberate rejection of the evidence, or refusal to apply the law" (Black's Law Dictionary). Originally, U.S. jurisprudence recognized a juror's power to nullify a law as a necessary element of an impartial jury. However, U.S. courts have since been evolving an increasingly prohibitive stance regarding jury nullification. After careful examination of common law, U.S. case law, and analysis of legal and political theories which shaped the U.S. judicial system, I argue that a defendant's sixth amendment right will always be violated when a jury is prohibited from knowing its power of nullification and/or when a juror is reprimanded for exercising the nullification power.