Imagine you are a juror in a criminal trial. The evidence is overwhelming that the defendant is guilty. But you can’t shake the feeling that it would be unjust to convict. Maybe you don’t believe what the defendant did should be treated as a crime. Or maybe you simply believe the defendant deserves mercy. Can you vote to acquit, or must you vote according to the evidence?

It turns out that, in the US and the UK, jurors do have the power to acquit, even if they believe a defendant committed the charged crime. This is known as jury nullification.

In this episode, host Janelle Wrigley chats with Professor Glenn Reynolds from the University of Tennessee College of Law. They discuss the history of jury nullification in the US, the role of the jury, and the debate on whether jurors should be told they have the power to nullify if they believe a conviction would be unjust.