New Hampshire Adopts Jury Nullification Law

http://reason.com/blog/2012/06/29/new-hampshire-adopts-jury-nullifi...

Jury nullification, in which jurors refuse to convict defendants under laws they find objectionable or inappropriately applied, is a favored tactic of many libertarians who, rightly or wrongly perceive individual liberty as, at best, a minority taste among their neighbors. They like the idea of a tool that can be wielded on the spot to shield people from powerful control freaks without first having to win a popularity contest. But nullification is useful only if people know about. And last week, New Hampshire's governor signed a law requiring the state's judges to permit defense attorneys to inform jurors of their right to nullify the law.

On June 18, Governor John Lynch signed HB 146, which reads:

a Right of Accused. In all criminal proceedings the court shall permit the defense to inform the jury of its right to judge the facts and the application of the law in relation to the facts in controversy.

Short, simple and to the point. Nullification advocate Tim Lynch, of the Cato Institute, thinks it's a step in the right direction, though not necessarily a game-changer. Says he:

This is definitely a step forward for advocates of jury trial.  Allowing counsel to speak directly to the jury about this subject is something that is not allowed in all the courthouses outside of New Hampshire–so, again, this is good.  I am concerned, however,  that this language does not go far enough.   We don’t know how much pressure trial judges will exert on defense counsel.  As noted above, if the attorney’s argument is “too strenuous,” the judge may reprimand the attorney in some way or deliver his own strenuous instruction about how the jurors must ultimately accept the law as described by the court, not the defense.  I’m also afraid what the jurors hear will too often depend on the particular judge and, then, what that judge wants to do in a particular case.

So the law is an improvement over the old order, especially in an era when courts and judges are overtly trying to suppress jury independence, but one whose effectiveness is yet to be determined.

But is this faith in jury nullification misplaced? How likely are we and our neighbors to symbolically flip our middle fingers to the powers that be and free defendants charged with, say drug offenses or gun law violations? After all, the power has long existed, but you don't often hear of juries staging revolts.  MORE>>>

LOL they are now allowed to tell you about your actual duty as a JUDGE of the law and the case. 

Views: 304

Comment

You need to be a member of 12160 Social Network to add comments!

Join 12160 Social Network

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

tjdavis favorited Sandy's photo
yesterday
tjdavis favorited cheeki kea's photo
yesterday
tjdavis favorited tjdavis's video
yesterday
tjdavis posted photos
yesterday
tjdavis posted blog posts
Tuesday
cheeki kea favorited tjdavis's video
Tuesday
cheeki kea commented on cheeki kea's photo
Thumbnail

Prime clown idiot of the year.

" Stay tuned this prime clown might just resign from his own circus as his Finance Minister…"
Tuesday
cheeki kea commented on cheeki kea's photo
Tuesday
tjdavis posted a video

The Orb & David Gilmour - Metallic Spheres In Colour: Movement 1 - Excerpt (4K Official Music Video)

The 2010 album Metallic Spheres by The Orb and David Gilmour has been reimagined and remixed as Metallic Spheres In Colour. Out now: https://theorbdg.lnk.to/...
Tuesday
Doc Vega posted a blog post

The Real Explanation of the Mystery Drones over New Jersey

 Keep in mind all of the possible implications around the drones reportedly as big as cars being…See More
Monday
Sandy posted photos
Monday
tjdavis posted a video

Capitol Punishment - The Movie (Updated Trailer)

Order on DVD or Stream it Now: https://givemelibertynow.org/product/capitol-punishment/Told through the eyes of the people who were there on the ground, Capi...
Sunday
cheeki kea commented on cheeki kea's photo
Sunday
cheeki kea posted a photo
Sunday
FREEDOMROX favorited Doc Vega's blog post Biggest Hoax and Hazard to Health in US History Busted Pt. 2
Saturday
FREEDOMROX posted a blog post
Saturday
Sandy posted videos
Saturday
Doc Vega replied to MAC's discussion Undertaker's Shocking Lockdown Discovery: John O'Looney
"The whole damn thing was a scam! "
Friday
Doc Vega favorited MAC's discussion Undertaker's Shocking Lockdown Discovery: John O'Looney
Friday
Doc Vega posted a blog post

One Step Beyond Visits Friday the 13th in 2024

It seems that there are those who prefer to create their own insane reality! They've taken that One…See More
Friday

© 2024   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted