Robert Williams

This paper examines the relationship between jury nullification and participatory democracy, arguing that the power of juries to nullify laws is essential for the democratic function of the jury system. Jury nullification, defined as a jury's decision to acquit a defendant despite evidence of guilt, serves as a mechanism through which citizens can challenge unjust laws. This analysis explores a dominant criticism of jury nullification, that it is antithetical and contrary to the foundational principles of a stable democratic state. Ultimately, I argue that jury nullification, pace the ‘democracy objection,’ actually serves to promote and enhance democratic engagement and influence in the criminal law by ensuring that legal outcomes reflect community values and standards.