People v. Estrada

Opinion

SCOTLAND, P. J.

This case poses the question whether it is proper, during voir dire of prospective jurors, for a trial court to inform them that jurors have no legal authority to engage in what is known as “jury nullification,” and to solicit their assurances that, if chosen to serve as jurors, they will follow the law as stated to them by the court and not substitute their own views of what the law should be.

The answer is, “Yes.” As we will explain, although jurors have the “power” to engage in jury nullification, they have no legal authority to do so. “ ‘Nullification is, by…