Login | January 11, 2025
UA professor’s book shines light on jury nullification
SHERRY KARABIN
Legal News Reporter
Published: January 10, 2025
A jury returns a not guilty verdict against a criminal defendant despite the fact that its members are convinced that the person is legally guilty of the charge or charges.
As Travis Hreno, an associate professor in the philosophy department at The University of Akron explains, this scenario, known as jury nullification, does indeed happen.
“A jury nullifies when it believes the defendant both committed the crime beyond a reasonable doubt and understands that the behavior is prohibited by law, yet nevertheless still declares the defendant innocent,” said Hreno.
It’s an issue Hreno examines thoroughly in his book “Jury Nullification: The Jurisprudence of Jurors’ Privilege,” published in January 2024.
“The book explores the philosophical aspects of this phenomenon, including questions of right and wrong,” said Hreno. “Unlike judges, juries have complete discretion over their decisions and they are not required to explain their verdicts.
“Whether this was an intended phenomenon that was built into the infrastructure of the law or an accidental loophole, there is no way to change it without negating the efficacious role of the jury.”
Although there’s no hard statistical evidence available as to how often jury nullification actually takes place, Hreno said based on extensive research by legal professionals, sociologists and political scientists, it’s believed to occur in roughly 4% of cases.
“The first American case of jury nullification of any significance was the trial of journalist John Peter Zenger in 1735,” said Hreno. “Zenger, the owner of a small printing press, was charged with publishing seditious libel against William Cosby, the governor of the colony of New York.
“Despite admitting to publishing the materials at trial, Zenger was nevertheless acquitted by the jury,” he said.
A more recent example of jury nullification, said Hreno, is the trial and subsequent verdict in the Camden 28 case in 1973.
The anti-war activists were charged with breaking into a draft board office in New Jersey to destroy records.
“During the trial, the defense explicitly encouraged the jury to consider nullification, and despite clear evidence of the defendants’ guilt, the jury returned a verdict of not guilty for all 28,” said Hreno.
“The arrest of Luigi Mangione for the murder of UnitedHealthcare Chief Executive Officer Brian Thompson has sparked renewed media discussion about the possibility of jury nullification,” said Hreno.
While his book came out in 2024, Hreno has been researching the topic of jury nullification for many years.
Born in Saint John, New Brunswick, Canada, Hreno majored in philosophy at the University of Manitoba.
After earning his master’s degree in philosophy from Dalhousie University in Halifax, Nova Scotia, Canada he completed his doctorate in philosophy at the University of Western Ontario.
Prior to moving to the United States and starting as an assistant professor at The University of Akron, he taught at the University of Victoria, the University of Calgary and the University of British Columbia respectively.
He first began researching the topic of jury nullification while a graduate student at the University of Western Ontario, writing his dissertation on the topic.
John Huss, professor and chair of the department of philosophy at The University of Akron, said Hreno has had a transformative effect on the department.
“Travis anchors our entire department when it comes to prelaw students,” said Huss. “He is the go-to professor for any of our students who are interested in becoming lawyers.
“He graduated from one of the top Ph.D. programs in Canada and has taken many of the same classes that one would take in law school,” said Huss. “He teaches all of our legal classes in the philosophy department.”
Huss said Hreno is a leading expert among philosophers on the topic of jury nullification.
“His book is the culmination of years of research and I’ve personally heard his lectures on the topic and he can hold his own with lawyers and law professors,” said Huss.
“He is able to make the conventional argument that jury nullification goes against the rule of law and then systematically dismantle that argument with the audience nodding their heads in agreement in both cases.”
Hreno will be lecturing on the topic of jury nullification and Democracy at The University of Akron School of Law in the spring as part of a special honors seminar co-taught by a number of law school faculty.
Since 2023, he’s been a visiting research scholar at the law school.
Hreno said he’s hoping his book will serve as a resource for students, lawyers and judges.
“There are a lot of muddled arguments around jury nullification in the appellate courts and even the U.S. Supreme Court has differing views on the issue,” said Hreno. “I’m hoping at some point that the information I’ve provided in this book will trickle down to the courts and be used in a constructive way.”