Jury Nullification: Don’t Ask, Don’t Tell?

Juries have the power to nullify, but not the right. As a result, judges do not instruct jurors on nullification. If jurors learn about this power, they can exercise it. However, if they indicate their intentions during deliberations, they can be removed from the jury. This state of affairs, in which the judge does not tell jurors of their full power and jurors have to be careful not to signal their intent to nullify, is harmful to the judge-jury relationship. If judges instructed jurors on their power, jurors would be fully informed and would be able to trust the judge.