1) They ask you during selection, while under oath, questions which amount do "are you aware of jury nullification, and/or, are you willing to apply the law"
2) You lie, and answer those questions with the answers they want, and get selected.
3) You refuse to convict, despite overwhelming evidence, because you're into the idea of nullification.
4) They somehow prove that you lied during step 2, while under oath.
How that 4th one works, I don't know. Does anybody have any examples of it happening?
But I am not citizen and never been juror or witnessed one :) just read some wiki pages.
For instance something like, "Are you willing to carry out the law as it is written?" or "Are you willing to decide this case based on the facts presented to you." or something else to that effect. If you know of and believe in jury nullification, the honest answer to those questions is "No." That might not be exactly what they ask, but I think it's something like that at least.
>Are you willing to carry out the law as it is written?
Yes. As written, I can deliver whatever verdict I want and the law says I cannot be prosecuted for it.
>Are you willing to decide this case based on the facts presented to you
Yes. With the facts given to me, I choose not to convict this person.
If you believe the law or case to be unjust then convince your fellow jurors by poking holes in the case, or if need be just vote to acquit and refuse to explain why.
Or are there cases where the whole jury comes back with "not guilty", and a mistrial is declared because they didn't say "guilty"?
> "If you decide that you don't want to do that and lie to get on the jury anyway, you've wasted everybody's time because you felt like being a jerk. Way to go, hero."
Arguably wasting everybody's time is a form of civil protest. If every drug charge went through several mistrials before they managed to obtain a conviction, then DA's might be more hesitant to bring less egregious cases to trial.
Do you think that the act of nullification in general makes you a jerk? Or only when used in certain circumstances? Were Northerners who nullified for escaped slaves being jerks?
The consequence for you is a few days spent feeling like a hero. The consequences for others can be much greater.
Second - you don't have to lie. If you put for yourself the beyond reasonable doubt bar in nonviolent drug crime to be 1/10^14 who is there to disprove you.
With 7000000000 people on earth and creative misinterpretation of the Bayesian statistics you could be totally right for yourself.
Agreed. It sounds like a lot of prosecutors do so, and the FBI labs people certainly did.