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MarylandJury Nullification

Maryland's Declaration of Rights says that in the trial of all criminal cases the jury shall be the judges of law as well as of fact, except that the court may pass on whether the evidence is enough to sustain a conviction. A court rule has the judge tell the jury how far each instruction is binding. The Maryland courts say the jury's decision must be unanimous.

Yes
State constitution gives the jury a role in judging the law
Depends
Jurors are told they must follow the law
Yes
Criminal verdicts must be unanimous

Overview

Juries in Maryland

Maryland's Declaration of Rights says that in the trial of all criminal cases the jury shall be the judges of law, as well as of fact. The same sentence carries an exception: the court may pass on whether the evidence is enough to sustain a conviction.

A Maryland court rule sits beside that sentence. When a party asks, the judge instructs the jury on the law and on the extent to which the instructions are binding. What the rule says next, about arguing the law to the jury, is in the Maryland chapter of the guide.

The Maryland courts tell jurors that the decision of the jury must be unanimous. How a verdict is returned, and what else the Declaration of Rights says about juries, is in the chapter.

The Maryland chapter

What's in the Guide for Maryland?

In the guide

Jury selection

When a Maryland jury is instructed, what form the instructions take, and what a judge has to add whenever the evidence is summed up for the jury.

In the guide

What the judge tells you

The chapter sets out the court rule on how instructions are given, including what it says about instructions that are stated not to be binding.

In the guide

How the verdict works

What the Maryland courts tell jurors about a unanimous decision, and what the Declaration of Rights and the court rule each say about the jury, the law and the facts.

In the guide

Protections and risks

What Maryland law says about anyone who tries to influence, intimidate or get in the way of a juror, by threat, force or corrupt means.

In the guide

The law in plain English

The Maryland laws behind the chapter in everyday words. They include the article of the Declaration of Rights on the jury as judges of law and fact, the court rule on instructions to the jury, and the law on interfering with jurors, witnesses and court officers.

In the guide

Official state resources

Links to Maryland's official sources, each one checked. They cover the statutes on the General Assembly's site, the Declaration of Rights at the State Archives, the Judiciary's rules, and the Maryland Courts' Jury Service page.

Your summons

Called for Jury Duty in Maryland?

A Maryland jury summons asks you to come to court and, if you are picked, to decide a criminal case with the other jurors. The courts tell jurors that the decision must be unanimous.

The Maryland Courts have a Jury Service page. It covers reporting, who can serve, and how to ask to be excused.

That page covers serving. What the Declaration of Rights says about the jury, how far a judge's instructions bind, and what Maryland law says about anyone who interferes with a juror are covered in the Maryland chapter of the guide.

Your Maryland summons

  • Sent byThe jury commissioner for your county's circuit court
  • It asks you toCome to court and, if you are picked, decide a criminal case with the other jurors
  • Jury size12; fewer if the parties stipulate

Get the guide

Get the Maryland guide

Maryland's Declaration of Rights calls the jury the judges of law as well as of fact, with one exception written into the same sentence. This page gives you the sentence. What the exception is for, what the court rule on binding instructions adds, and how the two appear in a Maryland trial are in the Maryland chapter. Get the guide and read it before you are called.

Maryland

The Maryland guide

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  • The full Maryland chapter, all six parts
  • Jury selection, the judge's instructions, the verdict and juror protections
  • Maryland'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 Maryland source was checked against its official site on October 19, 2026.