When is Jury Nullification Appropriate?

At this point, every American citizen should ask whether he or she is satisfied to live in a country that has the highest rate of incarceration in the world. If not, there is something that you can do to help make the United States more safe and free.

Strategic jury nullification can safely reduce mass incarceration. There are too many people in prison - period; too many men and too many women, of every race and ethnicity. A careful campaign of strategic nullification can help responsibly free those people for whom prison will do no good, and it can send a powerful message for change.

During the civil rights era, Martin Luther King Jr. was forced to resort to extreme tactics, which he called "creative disobedience," to break down the walls of discrimination. With our criminal justice system hell-bent on locking up so many people for nonviolent conduct, now is the time for Martin Luther King jurors.

A Proposal for Strategic Nullification

* In cases involving the possession or sale of small amounts of drugs, every juror should consider voting not guilty, regardless of the evidence in the case.

* When a defendant is accused of murder, rape, robbery, theft, public corruption, corporate fraud, any other crime of violence, or any crime that has a victim, Martin Luther King jurors should convict if they are persuaded that the evidence proves the defendant guilty beyond a reasonable doubt.

* When a defendant is accused of selling drugs to minors, or providing drugs to anyone without their consent, Martin Luther King jurors should convict if they are persuaded that the evidence proves the defendant guilty beyond a reasonable doubt.

* When a defendant is accused of possessing drugs for his or her own use, or selling a small quantity of drugs to another consenting adult, Martin Luther King jurors should vote "not guilty."

This strategic nullification is perfectly legal, and it addresses the real problems that face our criminal justice system. First, it heals the community by reducing the number of incarcerated people. Second, where the jury nullifies conviction of a defendant who is being prosecuted due to racial disparities in enforcement, nullification indicates to prosecutors, police, and elected officials that such unjust laws wills not be tolerated. Finally, juries help relieve the great economic costs of mass incarceration by preventing unnecessary and expensive incarceration of non-violent offenders. By nullifying, juries send the message to lawmakers, prosecutors, judges, police officers, the mass-media, and others that "We the People" want fundamental change in our criminal justice system.