Mar 6, 2008

Jury nullification in drug cases

The writers of the HBO show The Wire believe that the war on drugs is destroying many cities. They advocate that if you are "asked to serve on a jury deliberating a violation of state or federal drug laws, [you should] vote to acquit, regardless of the evidence presented. Save for a prosecution in which acts of violence or intended violence are alleged."

You need 12 jurors to unanimously convict a defendant. If 5% if potential jurors became drug case nullifiers then there would be a 54% chance that a jury would not contain such a nullifier. If 10% became nullifiers then only 28% of juries would not have a nullifier on it. So only a small number of Americans would have to become nullifiers to significantly impair the war on drugs.

My guess would be, however, that if the government could only get convictions in, say, 20% of cases they would impose huge penalties on those they did convict in order to get almost every defendant to accept a plea bargain.