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CaliforniaJury Nullification

In California the judge explains the law and the jury is the only judge of the facts. Every criminal jury hears an instruction about what to do when a juror disagrees with the law. The state constitution sets a jury of twelve in felony cases. A criminal verdict stands only when no juror disagrees.

No
State constitution gives the jury a role in judging the law
Yes
Jurors are told they must follow the law
Yes
Criminal verdicts must be unanimous

Overview

Juries in California

California law makes jurors the only judges of the facts and of whether a witness is believable. The law itself comes from the judge, and a criminal verdict stands only when no juror disagrees.

Every California criminal jury hears the same instruction near the start of the trial. It tells jurors what to do when they disagree with the law. What it says, and what it leaves untouched, is in the California chapter of the guide.

The state constitution sets a jury of twelve for felony cases. California gets to a unanimous verdict in its own way. After the verdict is read, each juror can be asked whether it is theirs. What happens when one of them says no is in the chapter.

The California chapter

What's in the Guide for California?

In the guide

Jury selection

California law lets either side ask to remove a possible juror for actual bias. The chapter explains what the statute means by that, and how it applies to a juror's views about the law.

In the guide

What the judge tells you

What the instruction read to every California criminal jury says about disagreeing with the law, and what state law says about who judges the facts.

In the guide

How the verdict works

What happens when a California jury is polled and one juror says the verdict is not theirs, and why the three-fourths verdict in the state constitution does not apply to a criminal trial.

In the guide

Protections and risks

What protects a California juror after the verdict, the warning a judge has to repeat at every break in the trial, and what state law says about outside attempts to influence a juror.

In the guide

The law in plain English

The California laws behind the chapter in everyday words. They include the Penal Code sections on instructing the jury, on warnings to jurors, on polling the verdict and on influencing a juror, the statute on challenges for cause, and the jury section of the state constitution.

In the guide

Official state resources

Links to California's official sources, each one checked. They cover the state codes and constitution on the legislature's site, the Judicial Council's criminal jury instructions, and the courts' jury service page.

Your summons

Called for Jury Duty in California?

A jury summons in California calls you to your county's court to help decide the facts of a case. In a felony trial the jury is twelve people.

The Judicial Branch of California has a Jury Service page. It covers reporting, who can serve, and how to ask to be excused.

That page covers getting there. What actual bias means in jury selection, what the judge will tell you about the law, and what happens when a jury is polled are covered in the California chapter of the guide.

Your California summons

  • Sent byThe county jury commissioner
  • Names come fromVoter rolls, the driver's license and ID card list, and state tax filers
  • It asks you toCome to your county's court and help decide the facts of a case
  • Jury size12 (felony); 12 or fewer by agreement (misdemeanor)

Get the guide

Get the California guide

In California a verdict is not finished when it is read out. Each juror can still be asked whether it is theirs. What happens next, and what the judge will have told you about the law by then, is in the California chapter. Get the guide and read it before you report.

California

The California guide

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  • The full California chapter, all six parts
  • Jury selection, the judge's instructions, the verdict and juror protections
  • California's laws in plain English, with links to the official sources
  • Free updates when the law changes
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See what's inside the guide

Every California source was checked against its official site on October 19, 2026.