State Adopts Jury Nullification Jurors Can Question Law

[Desperado]

Outstanding move on New Hampshire Governor John Lynch's part. One state down, 49 more to go.

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 it. 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.

New Hampshire Governor John Lynch signed HB 146 on June 18, 2012 - 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."
US~Observer - New Hampshire legalizes jury nullification

 

[Politico]

The justice system really is going to crap.

 

[Ariux]

Afros often use jury nullification, like when they refuse to vote Afro defendants guilty of crimes against whites.

 

[onecut39]

Outstanding move on New Hampshire Governor John Lynch's part. One state down, 49 more to go.

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 it. 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.

New Hampshire Governor John Lynch signed HB 146 on June 18, 2012 - 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."
US~Observer - New Hampshire legalizes jury nullification

This is new? I always thought the jury reigned supreme and law be damned. I some really outrageous cases judges have declared a miscarriage of justice.

 

[Peach]

Outstanding move on New Hampshire Governor John Lynch's part. One state down, 49 more to go.

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 it. 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.

New Hampshire Governor John Lynch signed HB 146 on June 18, 2012 - 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."
US~Observer - New Hampshire legalizes jury nullification

This is new? I always thought the jury reigned supreme and law be damned. I some really outrageous cases judges have declared a miscarriage of justice.

Jury "pardons" have been around as long as juries have existed.

 

[JWBooth]

Outstanding move on New Hampshire Governor John Lynch's part. One state down, 49 more to go.

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 it. 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.

New Hampshire Governor John Lynch signed HB 146 on June 18, 2012 - 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."
US~Observer - New Hampshire legalizes jury nullification

 

[C_Clayton_Jones]

It’s a tricky subject:

http://www.nytimes.com/2011/02/26/nyregion/26jury.html

 

[Desperado]

It’s a tricky subject:

http://www.nytimes.com/2011/02/26/nyregion/26jury.html

True, the last thing the courts want is to have an informed jury.

 

[Mad Scientist]

The way it is now a jury HAS to convict if the person broke the law, no matter what the law is.

Example.

Say a State has a law that says people under 5 feet tall must ride at the back of the Bus. Ms. Shirly Shortcake is arrested for sitting in the front of the bus. The judge instructs the Jury to find only if the Defendant violated the Law, thus guaranteeing her conviction and sentencing to jail.

Unbeknownst to most Jurors they have the Power of "Jury Nullification" which is the ability to find a defendant not guilty if they believe a Law is unjust, even if that defendant is absolutely guilty in a Court of Law.

If Juries understood this and started finding people not guilty for certain crimes like Drug Possession then guess what? The State won't spend any more time trying them because they won't get convicted!

This is how Americans fight back against unjust Laws that our elected officials foist upon us.

 

[Quantum Windbag]

It’s a tricky subject:

http://www.nytimes.com/2011/02/26/nyregion/26jury.html

The only people that oppose jury nullification are people that think the state is all powerful.

 

[OohPooPahDoo]

Outstanding move on New Hampshire Governor John Lynch's part. One state down, 49 more to go.

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 it. 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.

New Hampshire Governor John Lynch signed HB 146 on June 18, 2012 - 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."
US~Observer - New Hampshire legalizes jury nullification

This completely redefines what a jury is. It is now no longer a fact finding body - its a law writing body.

 

[Mad Scientist]

This completely redefines what a jury is. It is now no longer a fact finding body - its a law writing body.

Wrong! Jury Nullification goes back to Founding of this Country.

Finding a person "Not guilty" is NOT Writing Law.
Finding a person Not Guilty because the Law is stupid is NOT Writing Law. It's Jury Nullification of that Law!

Do you know why people like Oopoopahdoo are angry? Because in a Jury Trial we can find a person Not Guilty for not paying his or her ObamaCare fine!

You see what power this puts back into the peoples hands? "Oh you passed a Law? Well too bad 'cause we aint findin' anyone Guilty of violating it. So F*ck Off!"

Our controllers won't like that at all!

 

[whitehall]

The NH law specifies that "the jury has the right to judge the facts and the application of the law". How is that any different from any other court of law?

 

[Quantum Windbag]

Outstanding move on New Hampshire Governor John Lynch's part. One state down, 49 more to go.

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 it. 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.

New Hampshire Governor John Lynch signed HB 146 on June 18, 2012 - 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."
US~Observer - New Hampshire legalizes jury nullification

This completely redefines what a jury is. It is now no longer a fact finding body - its a law writing body.

I suggest you do a little research into the origins of juries, they were always meant to judge both the facts and the law as it was being applied. Why else would the right to a jury trial be spelled out in the constitution, along with the clause that strictly prohibits the government more then one attempt to convict anyone. The intent is obviously to make it as hard as possible for the government to lock people up, not to create a system that has the highest incarceration rate in the world.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence

 

[onecut39]

It’s a tricky subject:

http://www.nytimes.com/2011/02/26/nyregion/26jury.html

The only people that oppose jury nullification are people that think the state is all powerful.

Who has ever proposed such a law? Another straw man?

 

[MikeK]

The justice system really is going to crap.

Why?

Specifics, please.

 

[MikeK]

It’s a tricky subject:

http://www.nytimes.com/2011/02/26/nyregion/26jury.html

I don't understand what is tricky about it. Jury Nullification seems rather straightforward to me -- and I'm very pleased to learn the NH governor has taken this gutsy step. He deserves a lot of credit.

I believe the nullification capability is one of the most important components of the Common Law. It is the citizens' last bastion against emerging tyranny.

Am I missing something?

 

[MikeK]

This is new? I always thought the jury reigned supreme and law be damned. I some really outrageous cases judges have declared a miscarriage of justice.

The problem is very few (almost none) jurors are aware of their right to nullify and the courts prohibit lawyers (or anyone else) from informing them of that right. In fact, a juror who knows what Nullification is and informs another juror of it can be prosecuted for doing so.

That in itself is tyrannical!

 

[MikeK]

Outstanding move on New Hampshire Governor John Lynch's part. One state down, 49 more to go.

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 it. 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.

New Hampshire Governor John Lynch signed HB 146 on June 18, 2012 - 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."
US~Observer - New Hampshire legalizes jury nullification

This is new? I always thought the jury reigned supreme and law be damned. I some really outrageous cases judges have declared a miscarriage of justice.

Jury "pardons" have been around as long as juries have existed.

True. You know that but very few other Americans are aware of it and there are laws which prevent jurors from being informed of it. Which is why this Mr. Heicklin is a true American hero. If he is charged with a crime and placed on trial it is critically important that the jury in his case is made clearly aware of Jury Nullification and its importance to us all.

 

[MikeK]

It’s a tricky subject:

http://www.nytimes.com/2011/02/26/nyregion/26jury.html

The only people that oppose jury nullification are people that think the state is all powerful.

Slight correction:

The only people who oppose Jury Nullification are those who wish the State to be all powerful.