Ke. Niedermeier et al., Informing jurors of their nullification power: A route to a just verdict or judicial chaos?, LAW HUMAN B, 23(3), 1999, pp. 331-351
The current studies sought to test whether explicitly informing jurors of t
heir power to nullify the law does invite "chaos," defined by jurists as un
disciplined and biased juror judgment. A series of four studies examined ju
ror biases predicated on defendant status, remorse, gender, national origin
, penalty severity, and extenuating circumstances. None, however, were ampl
ified by nullification instructions, providing little evidence that such in
structions invite chaos with respect to the biases examined in these studie
s. To the contrary, several results suggested that nullification instructio
ns simply encourage jurors to nullify when the strict application of the la
w would result in an unjust verdict. Limitations of the studies and public
policy issues are discussed.