New Hampshire House Passes Jury Nullification Bill, 184-145

March 13, 2016 in News by D

Source: blog.tenthamendmentcenter.com

PROVIDENCE, N.H. (March 9, 2016) – The New Hampshire House has passed a bill that would require courts to inform juries of their right to vote “not guilty” when “a guilty verdict will yield an unjust result.”

A coalition of nine representatives, led by Rep. Daniel Itse, introduced House Bill 1270 (HB1270) in January. The legislation would amend current law on jury nullification and require the court to explain that right to the jury upon request of the defense.

State law, RSA 519:23-a, currently reads, “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.”

If passed into law, HB1270 would amend this section to read, in part, “In all criminal proceedings the court shall inform the jury of its right to judge the facts and the application of the law in relation to the facts in controversy.”

“It’s an important distinction to require the court to inform the jury instead of having the defense do so,” said Michael Boldin of the Tenth Amendment Center. “When it comes from an ‘official’ source like this, it becomes more likely that a juror will consider this option.”

In a proceeding upon request the defense, the court would be required to inform the jury of their options, guilty, not guilty, and jury nullification. The exact statement from the court would include, “Even if you find the state has proved all of the elements of the offense charged beyond a reasonable doubt, you may still find that based upon the facts of this case, a guilty verdict will yield an unjust result, and you may find the defendant not guilty.”

The House Judiciary Committee voted 9-8 that HB1270 “ought to pass.” Today, the full House passed the bill by a vote of 184-145.

JURY NULLIFICATION OVERVIEW

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