Jury equity
is also known as jury nullification. It occurs when a jury reaches a decision which is in
contradiction to the law. While rare, a jury sometimes finds a defendant not guilty of a crime
even though it is clear beyond a shadow of a doubt that he or she has violated a law. Usually,
this happens when the jurors feel that the law itself is unjust or a punishment is unduly harsh.
As a result, they hand down a not-guilty verdict. Jury equity can occur in both civil and
criminal cases.
Jury equity only affects an individual case and has no effect
on the law itself. However, it may make a prosecutor more reluctant to try similar future cases,
and it can be cited as precedent.
There is continuing debate over whether
this is a just process. Some argue that it gives citizens a check on the possibility of a
government abusing power. Others contend that it violates the proper course of a trial by jury
and the integrity of the courts.
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