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I like it

A bill to require courts to instruct jurors about jury nullification.

4 Responses to “I like it”

  1. Erik Says:

    Be careful what you wish for.

  2. Will Says:

    This was a standard courtroom policy, until the labor disputes by miners in the early 20th century. The .gov got tired of juries tossing out charges against the miners, so judges were instructed to stop advising juries about nullification. They also made it a crime for a lawyer to mention it in court.

  3. Jake Says:

    @Will: And now judges keep trying to make it a crime to mention it outside of the court, too.

    Nullification of unjust laws – even if a law is unjust only when applied in that one particular case, and only nullified that one time – is the entire reason behind the right to a jury trial.

  4. Jake Says:

    Also worth noting (as the linked article does), the NH Supreme Court has previously said that any law allowing jury nullification would violate the state constitution, so any law allowing juries to be instructed about it would also be unconstitutional.

    So, sadly, even if this bill passes it’s pretty much DOA.

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