JURY NULLIFICATION BIBLIOGRAPHY
Anonymous, "Note: The Changing Role of the Jury in the Nineteenth Century", Yale Law
Journal, 74, 1, 170-192 (Nov. 1964). Focuses on the erosion of jury veto power during this
Barkan, Steven E., "Jury Nullification in Political Trials", Social Problems 31, 1, 28-44 (Oct.
1983). History of the impact of jury veto power on important political conflicts, with
particular emphasis on the Vietnam War protest movement and on the denial of jury
nullification as a means to suppress dissent. This essay also appears in Mike Timko's
reproduction of Lysander Spooner's classic book An Essay on the Trial by Jury (1852),
which is the hardest-hitting defense of jury nullification available. It can be ordered from
FIJA (see back page).
Gray and Shiras (Justices), Dissent: Sparf and Hansen v. U.S., 156 U.S. 51, October Term,
1894. The classic opinion of the two dissenting justices on the case which effectively ended
routine instruction of juries in their right to judge both law and fact. The majority ruled that
while jurors do have the power to nullify the law, judges need not tell them about it, except
in cases where state laws or constitutions specify that jurors must be told.
Green, Thomas Andrew, Verdict According to Conscience: Perspectives on the English Trial
Jury, 1200-1800; University of Chicago Press (1985).
Hans, Valerie P. and Neil Vidmar, Judging the Jury, New York: Plenum, (1986). Includes
discussion of empirical evidence that jurors behave responsibly when given nullification
Horowitz, Irwin A., "The Effects of Jury Nullification Instructions on Verdicts and Jury
Functioning in Criminal Trials", Law and Human Behavior, 9, 1, 25-36 (1985); se also L&HB
12, 4, 439-453 (1988). Study of the effects of giving jury nullification instructions;
responsible behavior is the norm.
Horowitz, Irwin A. and Thomas Willging, "Changing Views of Jury Power: The Nullification
Debate, 1787-1988", Law and Human Behavior, 15, 2 (1991).
Howe, Mark DeWolfe, "Juries as Judges of Criminal Law", Harvard Law Review 52, 582-616
(1939). Discussion of the history of state constitutional provisions for jury veto power and
attacks upon this power by the judiciary.
Lehman, Godfrey D., The Ordeal of Edward Bushell, Lexicon, San Francisco, 274 pp (1988).
Historical novel about the trial of William Penn and the imprisonment of the recalcitrant
jurors. An absorbing and well-researched story. Available from FIJA national headquarters.
Scheflin, Alan W., "Jury Nullification: The Right to Say No", Southern California Law
Review 45, 168-226 (1972). Excellent general legal history of the doctrine of jury
nullification, or "veto power".
Scheflin, Alan and Jon Van Dyke, "Jury Nullification: Contours of the Controversy", Law
and Contemporary Problems 43, 4, 51-115 (Autumn, 1980).
Scheflin, Alan and Jon Van Dyke, "Merciful Juries: The Resilience of Jury Nullification,"
Washington and Lee Law Review 48, 1, 165 (Winter, 1991). A history of jury nullification,
Van Dyke, Jon M., Jury Selection Procedures: Our Uncertain Commitment to Representative