Have you ever heard of a judge telling a jury that they are free to think for themselves and give the answer they want? If I recall, there is a term for that, called jury nullification and judges reportedly become upset if attorneys tell their juries about it.
If you hear of a judge that encourages juries to think for themselves and answer as they think, rather than prescribing how to think to them, let me know.
I'm a lawyer. I've explained this so many times it's starting to bore me, but I have to keep doing it.
Jury nullification has never existed as a right in any common law system. It is merely a descriptive term that lawyers use to describe a situation where a jury decides to ignore the law. Lawyers cannot instruct juries on its existence because, in the law, it doesn't exist. It only ever happens because juries cannot be punished for deciding contrary to what the law says; their right to their own reasoning is sacrosanct.
It describes a situation where the jury ignores the law, and lawyers can never instruct juries to ignore the law, in any circumstance. Lawyers can never say "I know the law says X but if you ignore that, we can't punish you hint hint."
It is a term that describes a crinkle in the law. It does not exist as a right, and juries are NOT entitled to do it, but at the same time, they cannot be punished for doing so.
People who whine about jury nullification are one step below 'sovereign citizen' types in terms of driving me nuts with their willful misunderstanding of the law.
If you hear of a judge that encourages juries to think for themselves and answer as they think, rather than prescribing how to think to them, let me know.