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

tjdavis posted a video

Dare to Dream/Dare to Build

As we enter the month of Av we intensify our traditional mourning for the Holy Temple, but are we really in touch with what we are mourning for? Are we ready...
12 hours ago
Gordon Freeman is now a member of 12160 Social Network
Tuesday
Burbia posted a photo
Tuesday
Doc Vega commented on Doc Vega's blog post How Many Clues Did You Need To Figure out the Covid scare was Bogus? Revisiting Stupidity
"The Chinese sent more than 100 thousand visitors to the US after the failure of the Wuhan lab to…"
Monday
Sandy posted photos
Monday
Doc Vega commented on Doc Vega's blog post This is What Pisses Me Off-How About You?
"Burbia! Thank you for the video, yes Texas aint puttin up with this shit! "
Sunday
Burbia commented on Doc Vega's blog post This is What Pisses Me Off-How About You?
"This is encouraging."
Saturday
Burbia commented on Doc Vega's blog post How Many Clues Did You Need To Figure out the Covid scare was Bogus? Revisiting Stupidity
"There was no trail of death from the first case in the US landing in Seattle and brought north of…"
Saturday
Doc Vega posted blog posts
Saturday
Sandy posted photos
Saturday
Sandy posted videos
Friday
Sandy commented on Sandy's photo
Thumbnail

Screenshot_20260327-101250~2

"One data center uses 45 megawatts per day. How is this sustainable?"
Friday
tjdavis posted a video

[OFFICIAL TRAILER] The Grand Deception

Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube.
Mar 27
Doc Vega posted a blog post
Mar 26
Роман posted a blog post

Архітектурне планування двоповерхового будинку: ключові рішення для комфортного простору

Проєктування двоповерхового будинку — це складний, але захоплюючий процес, що поєднує…See More
Mar 26
Sandy posted videos
Mar 25
Doc Vega's 5 blog posts were featured
Mar 25
tjdavis's blog post was featured
Mar 25
cheeki kea's blog post was featured
Mar 25
Less Prone favorited Sandy's photo
Mar 25

© 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