Jury Nullification explained.
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Re: Jury Nullification explained.
New Hampshire Adopts Jury Nullification Law
J.D. Tuccille|Jun. 29, 2012 2:34 pm
http://reason.com/blog/2012/06/29/new-hampshire-adopts-jury-nullification
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.
J.D. Tuccille|Jun. 29, 2012 2:34 pm
http://reason.com/blog/2012/06/29/new-hampshire-adopts-jury-nullification
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.
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Re: Jury Nullification explained.
Thanks for posting that. Very interesting. Do you know if that is allowed in a lot of states or just a few?
WHL- Admin
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Re: Jury Nullification explained.
WHL wrote:Thanks for posting that. Very interesting. Do you know if that is allowed in a lot of states or just a few?
Just a few.
NH led the way on this.
In most places, a defense attorney mentioning nullification will get him disbarred and arrested for contempt.
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Re: Jury Nullification explained.
You know that reminded me of when I was on jury duty and an eighteen year old boy was charged with statutory rape with a 15 year old girl even though it was consensual. I asked the county attorney about it and she said that is the law-if you don't like it you need to change the law. I think that would be the perfect chance to use jury nullification wouldn't it? Actually I have been called to jury duty 9 times so I have seen this more than once.
WHL- Admin
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Re: Jury Nullification explained.
WHL wrote:You know that reminded me of when I was on jury duty and an eighteen year old boy was charged with statutory rape with a 15 year old girl even though it was consensual. I asked the county attorney about it and she said that is the law-if you don't like it you need to change the law. I think that would be the perfect chance to use jury nullification wouldn't it? Actually I have been called to jury duty 9 times so I have seen this more than once.
Yes, it would, it would be a perfect instance in which to nullify.
Where, in this case, the law is misapplied by gung ho cops and prosecutors, to ruin somebody's life forever.
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