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: 307

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

Snakedaddy favorited Parrhesia's video
6 hours ago
Doc Vega posted a blog post

Wading Into the End

 This is the existential bendWhen it appears, you’ve come to the endNo family no friendsNo way to…See More
18 hours ago
Doc Vega commented on Doc Vega's blog post The Rabbit Hole
"Cheeki kea, I pray that the insanity doesn't deepen and there's been an attack by some 18…"
19 hours ago
Burbia's blog post was featured

Disgraced Former CNN Anchor Don Lemon Arrested

No longer an employed journalist, Don Lemon had been seen with far left agitator, Nekima Levy…See More
yesterday
Doc Vega's blog post was featured
yesterday
Less Prone favorited Doc Vega's blog post The Rabbit Hole
yesterday
cheeki kea commented on cheeki kea's photo
Tuesday
cheeki kea posted a photo
Tuesday
cheeki kea commented on Doc Vega's blog post The Rabbit Hole
"Good poem for these times. I think it's only going to get worse though as we enter into the…"
Tuesday
cheeki kea posted a blog post
Tuesday
Doc Vega posted a blog post

Our Crazy Modern World

I'll be your host tonight in our first episode of "Our Crazy Modern World". Join us now!Apparently…See More
Sunday
Burbia commented on cheeki kea's blog post BREAKING: The Epstein Files Illuminate a 20-Year Architecture Behind Pandemics as a Business Model.
"What a bummer. Can't tell thie 'dead' guy to eat shit now."
Saturday
Burbia commented on rlionhearted_3's photo
Thumbnail

2DF36465-A826-443C-A3A8-6638BC1D4FFA

"Venezuela under Chavez had cut ties with the IMF and World Bank. He had suggested that the US had…"
Saturday
Burbia commented on Doc Vega's photo
Thumbnail

G_LrzqtXMAAhT7w

"Derelict of duty should be reason for removal of these judges. That would go against what is in…"
Saturday
Doc Vega posted blog posts
Friday
tjdavis favorited Parrhesia's video
Feb 12
tjdavis favorited UnitedWeStand's video
Feb 12
tjdavis favorited Sandy's video
Feb 12
tjdavis posted a photo
Feb 12
Doc Vega commented on rlionhearted_3's photo
Thumbnail

2DF36465-A826-443C-A3A8-6638BC1D4FFA

"You can't subvert a nation that has already been subverted by Marxists and drug cartles who…"
Feb 11

© 2026   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