"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."
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?" 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:
https://fija.org/FAQ
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.