Hackensack, New Jersey – New Jersey criminal defense attorney Adam M. Lustberg of Lustberg Law Offices LLC (https://www.lustberglaw.com/blog/what-is-jury-nullification/) is highlighting the legal and practical implications of jury nullification for individuals facing criminal charges in Bergen County and throughout New Jersey. Jury nullification arises when a jury returns a not guilty verdict even though the evidence supports each element of the offense, because jurors believe that the law itself is unjust or that its application in the specific case would lead to an unfair result. This concept plays a quiet yet significant role in criminal jury trials held at the Bergen County Justice Center in Hackensack, where jurors are instructed to follow the law but retain the ultimate power to acquit.
In public discussion, the question “What is jury nullification?” often reflects concern about how much discretion jurors possess in New Jersey criminal trials. New Jersey criminal defense attorney Adam M. Lustberg explains that nullification is not a formal legal right but an inherent power that flows from the jury’s authority to return a verdict of acquittal. Jurors are instructed by the court to apply the law as explained by the judge and to base decisions on the evidence presented at trial. However, when jurors believe that a conviction would conflict with their sense of justice, they may vote to acquit even if the prosecution appears to have proven the charge.
According to the New Jersey criminal defense attorney, within the New Jersey criminal justice system, this power exists alongside strict rules that govern jury instructions. Courts, including those in Hackensack, do not explicitly inform jurors about jury nullification, and judges discourage attorneys from inviting jurors to ignore the law. Appellate decisions such as State v. Ragland make clear that jury nullification is not treated as a constitutional entitlement but rather as a byproduct of the jury’s independence and the finality of an acquittal. At the same time, the New Jersey Supreme Court’s guidance in State v. Czachor regarding non-coercive “deadlock” instructions shows the judiciary’s effort to balance respect for jury deliberations with the need for lawful, unanimous verdicts.
Jury nullification frequently appears in discussions of cases involving mandatory minimum sentences, minor drug offenses, or acts of civil disobedience, where community standards and moral views may diverge from statutory penalties. Although jurors in Bergen County and across the state are directed to focus on the evidence and the law, some may weigh the defendant’s background, the proportionality of potential punishment, and broader community values. This tension can shape deliberations in ways that attorneys, judges, and prosecutors must consider when developing trial strategies, even though open advocacy for nullification is generally barred in New Jersey courtrooms.
The distinction between jury nullification and a hung jury remains critical in this context. A hung jury arises when jurors cannot reach a unanimous decision, leading to a mistrial and the possibility of a new trial, plea negotiations, or dismissal, depending on the prosecutor’s assessment of the case. Jury nullification, by contrast, results in a unanimous not guilty verdict that cannot be appealed or retried because of double jeopardy protections. For defendants in Hackensack and greater Bergen County, understanding this difference can clarify why some trials end in mistrial while others result in final acquittals even where evidence appears strong.
About Lustberg Law Offices LLC:
Lustberg Law Offices LLC is a New Jersey criminal defense law firm based in Hackensack, serving clients throughout Bergen County and across the state. Led by New Jersey criminal defense attorney Adam M. Lustberg, the firm handles a wide range of matters, including indictable offenses, municipal court charges, DWI cases, drug crimes, assault, theft, and other serious allegations. The practice focuses on protecting constitutional rights, analyzing evidence, and guiding clients through each phase of the criminal justice process in both state and federal courts. Individuals facing investigation or charges in Hackensack or surrounding communities can contact Lustberg Law Offices LLC at (201) 880-5311 to request a consultation and learn more about available defense options.
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