What is Jury Nullification?

Jury nullification is an often misunderstood feature of how juries function. Jury nullification occurs when jurors refuse to convict a defendant despite believing the State has proven guilt beyond a reasonable doubt. Jurors may do this because they believe the law is unjust, too harsh, or that a conviction would produce an unfair result. Jury nullification underscores the power of jurors to act as a safeguard against rigid enforcement of laws that conflict with their sense of justice.

In Bergen County, criminal jury trials are heard in the Superior Court at the Bergen County Justice Center in Hackensack. These cases are governed by statewide court rules and jury instructions that are meant to promote consistent outcomes. 

Led by founding attorney Adam M. Lustberg, an experienced criminal defense attorney in New Jersey, Lustberg Law Offices, LLC can evaluate your situation and develop a tailored strategy to protect your rights. We focus on the unique facts of each case and fight for fairness under New Jersey law. Having a dedicated advocate by your side can make all the difference in pursuing the most favorable outcome. Contact us at (201) 880-5311 for a free consultation.

Defining Jury Nullification in the Justice System

Jury nullification is a unique, controversial aspect of the American and New Jersey legal system. It happens when a jury returns a “not guilty” verdict even though jurors believe the evidence supports guilt. Jurors may do this because they disagree with the law itself or believe applying it would result in an unjust outcome.

Even if a defendant’s conduct technically violates a statute, jurors can decide not to convict if they feel the law is unjust, disproportionately punitive, or improperly applied. New Jersey’s approach to nullification has been shaped by decisions of the New Jersey Supreme Court. In State v. Ragland (1986), for example, the Court acknowledged that jurors inevitably retain the raw power to acquit for any reason. However, it also made clear that jury nullification is not a constitutionally protected “right” that judges must explain or endorse in their instructions.

That statewide guidance affects how trial judges throughout New Jersey, including those sitting in Hackensack for Bergen County criminal cases, instruct juries. Jurors are told to follow the law as the court explains it and to decide the case solely on the evidence.

How Jury Nullification Differs from Traditional Verdicts

In a traditional verdict, jurors assess the evidence presented at trial and determine whether the prosecution has proven guilt beyond a reasonable doubt. They are expected to apply the law exactly as the judge instructs.

Jury nullification is different. It occurs when jurors look beyond the evidence and legal instructions to consider broader questions of fairness and justice. While traditional verdicts are grounded in the facts and the written law, nullification reflects the jury’s belief that applying the law in a particular case would produce an unjust result.

In New Jersey, jurors are not formally instructed about the power to nullify, but they retain the inherent ability to acquit. Any acquittal in a criminal case is final and cannot be appealed because of double jeopardy protections.

Key Principles Behind Jury Nullification

Several core principles underlie jury nullification:

• Check on government power: The jury acts as a safeguard against government overreach and unjust laws, particularly in serious criminal prosecutions in New Jersey Superior Courts.
• Justice over rigid rules: Nullification reflects the belief that laws should serve justice and fairness, not operate as inflexible rules that always require conviction.
• Moral judgment in the courtroom: The concept recognizes that the human element is an essential part of the justice system. Jurors are members of the community, not legal technicians.

In New Jersey, these ideas align with the broader purpose of the jury system: to deliver justice not only within the confines of the law, but also in line with community values. At the same time, courts in Trenton and across the state emphasize that jurors are to apply the law as explained by the judge.

How Jury Nullification Works in Practice

Jury nullification is not a formal procedure. It is an inherent power that may be exercised, if at all, during jury deliberations.

After listening to the evidence, receiving instructions from the judge, and retiring to the jury room, jurors in a New Jersey criminal case must decide whether the prosecution has proven each element of the charge beyond a reasonable doubt. During that private deliberation process, a jury may quietly choose to acquit even if they believe the State met its burden, because they view the law or its application as unjust.

The Legal Process Behind Jury Decision-Making

Within the New Jersey Superior Court system, Bergen County is part of Vicinage 2. Felony-level criminal cases from municipalities such as Hackensack, Englewood, Lodi, and Garfield are tried in the Criminal Division at the Justice Center.

Judges there rely on statewide Model Criminal Jury Charges approved by the Administrative Office of the Courts in Trenton. These standardized instructions are designed to promote consistency from county to county. They stress that jurors must:

• Apply the law exactly as the judge explains it, even if they personally disagree with it.
• Decide the facts based solely on the evidence presented in court.
• Reach a unanimous verdict in New Jersey criminal cases.

During deliberations, jurors have autonomy to reach a verdict that reflects their collective judgment, but judges do not explicitly inform them about nullification. The jury’s independence, however, means that an acquittal based on conscience rather than strict legal analysis is always possible, even if it is rarely discussed.

When and Why Juries Choose to Nullify

Juries may choose to nullify in cases where they believe strict enforcement of the law would be unjust. Examples might include:

• Cases involving relatively minor drug offenses where the penalties in New Jersey are perceived as too harsh for the circumstances.
• Acts of civil disobedience where jurors sympathize with the defendant’s motives.
• Situations where mandatory minimum sentences or other rigid statutory requirements would produce a result that jurors view as disproportionate.

In New Jersey, the discretionary power to acquit despite the evidence can be particularly significant in cases where the sentencing framework is unforgiving. Still, courts discourage open discussion of nullification in the courtroom, and judges are careful to instruct jurors to apply the law as given.

Jury Nullification: Differences Between Grand Juries and Trial Juries 

New Jersey’s legal system distinguishes sharply between grand juries and trial juries, and nullification functions very differently in each context.

Grand Juries

A grand jury’s role is to determine whether there is probable cause to indict a suspect and send a case to trial. Operating under the New Jersey Rules of Court, grand jurors do not decide guilt or innocence. Their proceedings are secret and focused on screening charges.

Factors That May Influence a Jury’s Decision to Nullify

Several factors can influence whether a jury might engage in nullification:

• Perception of the law’s fairness: Jurors are more likely to nullify if they view the law as unjust or misapplied in the defendant’s case.
• Community standards: Prevailing attitudes in New Jersey communities, including those in Bergen County and surrounding areas, can shape how jurors view certain charges or penalties.
• Defendant’s character and circumstances: Sympathy for a defendant who appears to be a victim of circumstance or who acted with arguably justifiable motives may lead jurors to acquit despite the evidence.
• Severity of potential punishment: If jurors believe a conviction would trigger a disproportionately harsh sentence, they may be more inclined to consider nullification.

Jury nullification represents a convergence of legal judgment and individual conscience. It reflects the jury’s role as both an evaluator of evidence and a voice for community values. However, New Jersey courts instruct jurors to adhere strictly to the law, and open discussions of nullification are generally discouraged in the courtroom.

New Jersey Criminal Defense Attorney – Lustberg Law Offices, LLC

What Is a Hung Jury and How Is It Different From Jury Nullification?

A hung jury occurs when jurors cannot reach a unanimous decision (or the required majority, in other jurisdictions) on a verdict after extensive deliberation. In New Jersey criminal cases, the law requires a unanimous verdict for both conviction and acquittal. If the jury cannot agree, the court may declare a mistrial due to a hung jury.

A hung jury is procedural, not ideological. It reflects an impasse among jurors, often about how to interpret the evidence or apply the law, rather than a deliberate decision to reject the law.

When a mistrial is declared due to a hung jury in New Jersey, the case does not automatically end. The prosecution may retry the defendant with a new jury, negotiate a plea agreement, or dismiss the charges.

By contrast, jury nullification occurs when jurors intentionally choose to acquit even though they believe the evidence supports guilt, because they regard the law or its application as unjust. Nullification requires a unanimous “not guilty” verdict in a New Jersey criminal case and results in a final acquittal that cannot be appealed or retried due to double jeopardy.

Is Jury Nullification Legal in New Jersey?

Jury nullification is best understood as a power, not a formal right. Jurors always possess the practical ability to acquit, even if they believe the State has proven its case, and an acquittal cannot be overturned.

New Jersey courts, however, do not instruct jurors about nullification. Judges in Bergen County and across the state tell jurors to apply the law as explained and to reach a unanimous verdict based on the evidence, not personal views about what the law should be.

If your case is pending in Hackensack at the Bergen County Justice Center, you can expect standard New Jersey criminal jury instructions that emphasize:

• The duty to follow the law as the judge explains it.
• The requirement of a unanimous verdict.
• The need to base the verdict solely on evidence and proper inferences.

Bergen Vicinage judges also use New Jersey’s non-coercive “deadlock” supplemental instruction, established in State v. Czachor (1980), if a jury reports it is at an impasse. Strategy in any Bergen County trial must therefore fit within these instructions and local procedures at the Justice Center.

FAQ Prompt	Purpose / What to Know	Legal Note
What Is Jury Nullification?	Jurors may vote not guilty even if the law was broken, based on their belief the law is unjust or unfairly applied.	Jurors have this power, but courts do not explain or encourage it.
Can You Ask A New Jersey Jury To Nullify?	You cannot ask the jury to nullify or raise the issue directly.	New Jersey courts do not allow arguments that invite jurors to ignore the law.
Do Hackensack Jurors Get Told About Jury Nullification?	Jurors are instructed to follow the law and return a unanimous verdict.	Jury nullification is not included in standard jury instructions.
Is Nullification Legal?	While acquittals cannot be overturned, openly arguing for nullification may be restricted.	Judges may limit arguments that suggest ignoring the law.
What Is A Hung Jury?	A jury that cannot agree on a unanimous verdict.	Unanimity is required in New Jersey criminal trials.
What Happens After A Hung Jury?	The judge may give a non-coercive instruction encouraging further deliberation. If still deadlocked, a mistrial is declared.	New Jersey follows the rule set in State v. Czachor.
Does A Mistrial End The Case?	Not always. The prosecutor can retry the case, dismiss it, or negotiate a plea.	Double jeopardy does not prevent a retrial after a hung jury.
How Can A New Jersey Defense Attorney Help?	A lawyer can plan next steps, preserve advantages from the first trial, and negotiate with the state.	Strategic preparation is important for retrial or dismissal motions.

Top-Rated Legal Assistance From Lustberg Law Offices LLC

Jury nullification highlights how jurors can, in rare cases, reach verdicts based on their own sense of justice rather than strict application of the law. At Lustberg Law Offices, LLC, our New Jersey criminal defense attorneys understand the implications of nullification and, more importantly, the practical realities of how juries decide cases in Hackensack, Bergen County, and across the state.

Contact Lustberg Law Offices LLC today to discuss your case and learn how we can help build a strong defense strategy. Speak with a local criminal defense lawyer who brings deep knowledge of New Jersey’s criminal justice system and a commitment to pursuing the most favorable outcome for each client. Call (201) 880-5311 to schedule a consultation and take the first step toward protecting your rights.