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

Less Prone commented on rlionhearted_3's photo
Thumbnail

What the fuck?

"When will the perverts picked out of the government and positions of power for thorough…"
20 minutes ago
Less Prone favorited Doc Vega's blog post The Re-Evaluation of our Current Reality
27 minutes ago
Less Prone favorited Doc Vega's blog post Former Naval Physicist and Photo Analyst Bruce Maccabee’s Wife Sees Alien Predator!
34 minutes ago
Doc Vega's 6 blog posts were featured
34 minutes ago
cheeki kea's blog post was featured
35 minutes ago
james will's 2 blog posts were featured
36 minutes ago
Less Prone left a comment for Роман
"Welcome on board. Your input is welcome, but could you provide a translation in…"
40 minutes ago
Less Prone left a comment for Tina Sullivan
"Did you lose the password= As far as I know we have changed nothing her. Continue as Sullivan."
46 minutes ago
Doc Vega posted a blog post

Death of an F-106 Pilot in Pursuit of the Unknown

 The year in between 1970 and 1972 on July 14 on a single night when a series of events led to the…See More
10 hours ago
Tina Sullivan left a comment for Less Prone
"Hey, buddy!  You're right, I can't get into my account!  "
15 hours ago
rlionhearted_3 posted photos
17 hours ago
Doc Vega posted a blog post

The Re-Evaluation of our Current Reality

 Surprisingly, there has been talk of mankind being enveloped in an artificial reality for decades…See More
yesterday
tjdavis posted videos
Wednesday
Sandy posted a video

Source: Havana Syndrome investigation is "a massive CIA cover-up" | 60 Minutes

For years, the U.S. government has doubted the stories of those suffering from AHI, commonly called Havana Syndrome. Now, victims hope that reports of a newl...
Wednesday
Doc Vega posted a blog post

Regrets That Cling to Me

Talking with my shadow in the nightI know it sounds contriteA vacuum without the lightThe silence…See More
Monday
tjdavis posted a photo
Monday
Doc Vega posted a blog post

Reality Is now Becoming Unhinged

 Let’s take a trip down the modern-day rabbit hole we call everyday news and events, but on a more…See More
Sunday
cheeki kea commented on Sandy's video
Thumbnail

Ghislaine Maxwell & The Secret "Shadow" 9/11 Commission? | John Kiriakou

"You tuber Sabby Sabs sums up and joins dots. Don't miss this one."
Sunday
Doc Vega posted a blog post
Mar 5
Burbia commented on TommyD's group The Chuckle Hut
"The Warriors is one of my favorite movies. I couldn't help but laugh at this spoof."
Mar 4

© 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