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Hello John,

In my last email, I discussed the somewhat bizarre invocation of jury nullification in the trial of Darrell Brooks for the death and injuries he caused by driving his SUV into the annual Christmas parade in Waukesha, WI. Unsurprisingly, the jury did not see fit to turn him loose back into society.

But a very good friend of FIJA responded to that email, and we briefly discussed the oddity of the situation. Though it was not the ideal poster case I would have chosen by which to get the word out about jury nullification, I said, we still try to make the most of every opportunity—even the non-ideal ones.

One of the silver linings I mentioned last week was FIJA's Frequently Asked Questions (FAQ) page for question "What is jury nullification?" ([link removed]) shooting up to the top search result on Google. Today I have another silver lining to share with you that is most likely related to the first, though I'm not sure which is the chicken and which is the egg.

Two major media outlets cited and linked to the FIJA website in their reporting on the Darrell Brooks case! 

Before I share those, I want to thank you for your ongoing support that has made it possible for FIJA to develop the premier online source for credible and accurate information regarding jury nullification and related jury issues. 

The Milwaukee Journal Sentinal had this to say in an October 25 article entitled "What ([link removed])":

"Jury nullification refers to when a jury ignores the law and acquits someone who is technically guilty. Lawyers can't openly argue for it, and Brooks can't either, but some of his questions and comments during the trial have hinted that he might see that as his only chance.

While rare, nullification does come up in emotional cases like those involving anti-abortion activists, tax protesters and some drug cases — but also in any case where the jury can be persuaded that to follow the law would be an injustice.

There's even a national organization devoted to the topic that believes juries should always be told, not just the law applicable to the case they're considering, but also that they have the power and authority to follow their conscience.

According to the Fully Informed Jury Association website, the primary purpose of the jury is "to protect fellow citizens from tyrannical abuses of power by government." That doesn't seem likely for Brooks."

And in an October 26 article entitled "Darrell Brooks Juror Controversy: Reddit Post Discussed in Court ([link removed])," the website Heavy.com had this to say:

What is jury nullification? “In its strictest sense, jury nullification occurs when a jury returns a Not Guilty verdict even though jurors believe beyond reasonable doubt that the defendant has broken the law,” explains the Fully Informed Jury Association.

Additionally, the Milwaukee Journal Sentinal article includes a link to the FIJA home page and the Heavy.com article linked directly to our "What is jury nullification?" ([link removed]) FAQ page.

In the coming days, I look forward to sharing with you several new resources that I have been developing and adding to the FIJA website. In the meantime, just so you have it handy (and perhaps it even sticks in your memory, here's a reminder that you can easily access and share the Frequently Asked Questions section of the FIJA website with this short link:

[link removed]

From there, you can find answers to many specific questions to share with others and see a list of other questions for which answers are still being developed. If you have any suggestions for others to add to the list, send an email my way and I'll give it some thought.

For Liberty, Justice, and Peace in Our Lifetimes,

Executive Director
Fully Informed Jury Association





P.O. Box 5570 | Helena, MT 59858 US

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