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Luigi Mangione, the suspect in the December 4 fatal shooting of UnitedHealthcare CEO Brian Thompson, was arrested from a McDonald’s store in Altoona, Pennsylvania, on December 9. Following Luigi Mangione's arrest and identity reveal, the concept of jury nullification began trending on social media.
As per the Fully Informed Jury Association (FIJA), jury nullification happens when “a jury [in a criminal trial] returns a not guilty verdict even though jurors believe beyond reasonable doubt that the defendant has broken the law.”
Some reasons a jury might provide for nullification include believing that the punishment for the crime in question is too harsh, finding that the law violated is morally/ethically unjust, possible prosecutorial overreach, or condoning the defendant’s actions/behavior based on broader public sentiments.
Notably, when a jury nullification happens, the not guilty verdict cannot be overturned, nor can the jurors be held in contempt for it. Additionally, a defendant cannot be tried twice for the same crime under the rule of double jeopardy.
Amid growing support for Luigi Mangione online, many have pointed out that jury nullification can be used as a loophole if he goes to trial. Some comments from the social networking site X in this regard.
“Me trying to figure out how to get on the jury of the CEO assassin so I can do jury nullification,” a person wrote.
“If you live in New York or Pennsylvania, please open an incognito window, Google ‘jury nullification,’ read up, delete your history and move on. Just know: it’s real but you won’t hear about it in the courtroom. #FreeLuigiMangione #FreeLuigi,” another person wrote.
“No jury is ever going to buy that Luigi is innocent. However, if the defense sh*ts on Brian Thompson’s grave as hard as possible and gets the jury to hate Thompson so much that they can’t help but sympathize with Luigi, the jury might nullify justice and acquit him,” a netizen wrote.
“Luigi Mangione is literally a hero idgaf what y’all morals say… manifesting he gets off a technicality or jury nullification because he deserves it 100%,” another netizen wrote.
“Y’all we should make ‘Jury Nullification’ trend so whoever gets picked for his trial knows about it. FREE LUIGI #FreeLuigiMangione #JuryNullification,” a user wrote.
“Luigi Mangione doesn’t deserve a fair trial. He deserves jury nullification,” another user wrote.
More about jury nullification as the phrase trends amid Luigi Mangione’s case
Jury nullification is legal in the USA. However, its mention during jury selection can result in a person’s removal from jury duty, as per FIJA. Moreover, it is not advisable for jurors to openly discuss jury nullification during deliberations. Additionally, the Matthew Harris Law website states that courts do not “instruct jurors of their ability to enact jury nullification.”
Jury nullification can be traced back to the early days of English common law, which later entered the American courts. In fact, according to the Sixth and Seventh Amendments of the US Constitution, the right to a jury trial in criminal/civil cases indirectly makes jury nullification legal, if not popular.
One of the earliest instances of jury nullifications in the US occurred in the case of the violation of the Stamp Act. Other instances include the Fugitive Slave Act cases of the 1850s, the War of Drugs cases, and the case of Jack Kevorkian, aka Dr. Death, who was an advocate of assisted “un-aliving” for people living with terminal/debilitating diseases.
However, over the years, various individuals have been arrested for jury nullification. For instance, in 2010, Julian P. Heicklen was charged with misdemeanor jury tampering after he provided information about jury nullification outside of the courthouse. His case was dismissed in April 2012.
Similarly, in 2015, Michigan native Keith Wood was arrested and charged with felony obstruction of justice and misdemeanor jury tampering for handing out flyers about jury nullification outside the courthouse. While the felony charge was dismissed, Wood was convicted of the misdemeanor in 2017. However, in 2020, the state’s Supreme Court overturned that conviction.
Supreme Court Justice Sonia Sotomayor discussed jury nullification in 2016 at the NYU School of Law.
“You know, the Second Circuit has an opinion that basically says that juries should never be instructed about jury nullification and that any instruction that would suggest it is wrong. I hewed very closely to the Second Circuit line for many, many years. As I’ve grown more in the system and watched it, I’m not so sure that that’s right,” she said.
Sotomayor continued:
“Think about what juries did during the civil rights movement. If it weren’t for jury nullification, we would have many civil rights individuals who would be convicted felons or otherwise for things that today we think are protected by the First Amendment.”
Sonia mentioned that the goal is to strike a “balance” and for judges to figure out whether they should advise juries about the nullification process. She concluded by saying she believed that juries didn’t always reach the “right” verdict, but it was still better than “the crown getting it wrong.”
Notably, appellate courts define jury nullification as “a recognized aspect of our jury system.” New Hampshire has even passed legislation "acknowledging a juror’s right to nullify and ensuring that judges inform juries of this right during trials," as per Matthew Harris Law.
Whether Luigi Mangione’s case will have a jury nullification remains to be seen. However, it is noteworthy that New York City, just like every other jurisdiction in the country, allows the concept.
Luigi Mangione, 26, is currently facing five felony charges in Pennsylvania, where he was arrested on Monday. He has pleaded not guilty to all charges. Additionally, he faces five other charges in New York, including second-degree murder, three counts of weapon possession, and a single count of forgery.
The Ivy League alum is fighting extradition to New York through his lawyer, Thomas Dickey. Luigi Mangione is being held at Huntingdon State Correctional Institution, a maximum-security prison.
So far, Luigi Mangione's fingerprints have matched those found at the crime scene. Meanwhile, a grand jury indictment began on Thursday in Manhattan Court, although the details remain undisclosed.
