Do juries “nullify” the law only when they acquit criminal defendants?
It is technically within the jury’s power to convict a defendant contrary to the law or to the evidence presented at trial; however, the convicted defendant can appeal the verdict another of the protections our system grants criminal defendants. The jury’s guilty verdict can be overturned on appeal if the trial record does not support the conviction. Needless to say, acquitted defendants are not likely to appeal the verdict, and the government prosecution cannot appeal an acquittal.
