Hey folks, let’s talk about jury nullification!*

Jury nullification is when someone on a jury says ‘yup, the defendant totally did what they’re accused of, but holy fuck that’s a shitty law, so I’m going to find them not guilty anyway.’** And then they keep saying not guilty as long as it takes. And then the defendant doesn’t get punished for doing something that shouldn’t be illegal in the first place.

This comes in handy if, say, someone is in trouble for something like ending their own pregnancy or helping someone else end theirs (or for opposing the actions of an increasingly authoritarian state by doing things like going to a protest or asking questions at a town hall, or for protecting their community from roving bands of armed, masked men who refuse to identify themselves yet somehow think it’s cool to kidnap people off the streets). Because this country is making all sorts of things illegal these days…but that doesn’t mean those things are actually wrong. And if a juror can sit there, listen to whatever evidence the state presents, and then just say ‘nope, I’m not convinced, not guilty,’ they can keep the state from further punishing someone for something that shouldn’t be a crime in the first place.

And, at a moment when the biggest risk from self managed abortions is legal consequences, I want every single one of you to know about this. I want you to tell other people about this. I want all of us to know that we have the power to just decline to enforce unjust and immoral laws. But it only works if you first know it’s an option and then keep your damn mouth shut about it in court (if you talk about it in court, you will likely get kicked off the jury and could even get in trouble).

Three good resources so you can learn more:

• CGP Grey has a quick, light video called “The Law You Won’t Be Told” explaining the basics right over here.
• The Fully Informed Jury Association has lots more information about both jury nullification and about being on a jury in general. You can start with their FAQ and explore form there.
• For a slightly deeper dive, you can read Jury Nullification: What It Is and How to Do It Ethically by law professor Monroe H. Freedman in volume 42, issue 4 of the Hofstra Law Review. Yes it will take you a bit longer than watching a video, but I know you can do it and it will do a better job than I ever could of walking you through when and why you might do this.

And look, most of us will never have the opportunity to do it. But if you ever do have the chance, it is an incredibly powerful way to tell the state to fuck the fuck off, that you will not be complicit in their bullshit, and you will not ruin someone’s life for no good reason. And all you have to do is sit there and listen…then refuse to comply. You can literally save someone’s life by just ignoring an asshole lawyer while they try to convince you that ending a pregnancy (or going to a protest, or smoking a joint, or whatever else they think is a big deal) is worthy of punishment. You get to decide for yourself that ‘technically illegal’ isn’t the same thing as ‘deserving of punishment,’ and that you’re not going to help them enforce their unjust laws.

But only if you know about it (and the legal system sure as shit won’t tell you about it), and only if you keep your mouth shut about it in the jury selection process and during deliberation. So go. Learn more. Tell others. And if you ever have the chance, remember you have the power.

*So many disclaimers…I am not a lawyer, I am not giving anyone legal advice, don’t do something just because you read about it on a knitting blog! On the other hand, I am mad as hell about the onrushing tide of fascism, and getting in there and gumming up the works with shit like this is one of the ways normal, everyday folks can fight back against it. So I am suggesting you read (and share!) the stuff I linked to from folks who know more than me about this stuff.

**Occasionally it goes the other way, that is someone says ‘they clearly didn’t do it but I’m going to find them guilty instead.’ But this is less common and the judge can also say ‘um…no’ if a jury says guilty when someone clearly isn’t (and they can’t say ‘um…guilty actually’ if the jury says not guilty). There have absolutely been times when people used the power of jury nullification for evil, because like any other tool, the intent of the person using it matters. But right about now I feel like it’s time we all make sure we have as many tools at our disposal as possible, because there’s work to be done.