This is HUGE! I’m tempted to move to New Hampshire.
For those of you who don’t know much about jury nullification, basically it’s when the jury finds a defendant innocent because of their dislike of the law. For example, a jury might refuse to convict a non-violent drug offender because they disagree with the fundamental premise of drug laws themselves.
Throughout the United States, judges have forbidden defense attorneys from informing juries that they have a right to nullify the law based on their dislike of the law. In California for example, jurors are required to inform on other jurors if one of them argues that the law is bad. The judge will then replace that juror with an alternate. A defense attorney who argues on grounds of nullification could face disbarment or other sanctions by the court, even though nullification is a right all U.S. jurors poses under common law.
On June 18, New Hampshire 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.”
I have the feeling this New Hampshire law will end up having a tremendous effect on the American judicial system as a whole.
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