Defense lawyers in the U.S. used to often inform juries about nullification, but that is no longer common practice and is often prevented. In United States V. Sparf (1895) the Supreme Court voted 7-2 to uphold a conviction in a case where the trial judge had refused a defense attorney’s request to tell the jury about their ability to engage in nullification.
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Interesting article!
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Thanks, invertedlogic. It’s my understanding that jury nullification was a major factor in the decision by the Obama Administration to quit prosecuting federal marijuana possession laws. They couldn’t get local juries to convict.
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