Jury Nullification is in the news again in New Hampshire!

[Keith and stuff]

Some people were wondering if jury nullification would be a common argument in New Hampshire. Other people were wondering about a bill saying judges have to inform a jury of their rights. This post answers both of those questions in a positive way!

Jury Nullification is in the news again in New Hampshire
October 3, 2012
http://nhfreedom.wordpress.com/2012/10/03/jury-nullification-is-in-the-news-again-in-new-hampshire/

You had to know this was coming, after all, a Union Leader article said talk of jury nullification was going to be common in New Hampshire courts. Sure enough, there is a 3rd high profile case since the law passed in June with the defense bringing up the jury nullification argument in New Hampshire.

The backstory on jury nullification. Jury nullification has been widely known as a right, at least to the legal class, since the first Chief Justice of the Supreme Court, John Jay, in 1794 explained the right in the Georgia v. Brailsford case. Unfortunately, several judges and courts have tried to restrict or even deny the right since then. This summer, a bill which prevented activists judges from interfering with the defense making a case for jury nullification to a jury was signed into law by Governor John Lynch.

That law says that a judge cannot prevent the defense from fully informing the jury of its right to judge the facts and the application of the law. New Hampshire Representative McClarren has set the groundwork to submit a bill which goes further. 2013-H-0258-R is titled requiring courts to inform the jury of its right to judge the facts and the application of law. This means that a judge would go from having an option to talk about jury nullification, to being required to say a couple sentences about the subject.

Having fully informed juries improves the justice system by making it more transparent. It also allows juries to act as a check on judicial or prosecutor misconduct.

Note, the whole article is posted so you don't need to click on the main link at the top.

 

[presence]

That law says that a judge cannot prevent the defense from fully informing the jury of its right to judge the facts and

the application of the law.

New Hampshire Representative McClarren has set the groundwork to submit a bill which goes further. 2013-H-0258-R is titled requiring courts to inform the jury of its right to judge the facts and the application of law. This means that a judge would go from having an option to talk about jury nullification, to being required to say a couple sentences about the subject.

Huge. This is as big as Miranda; "you have the right to remain silent" being required during arrest.

6th Amendment US Constitution:

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.

http://en.wikipedia.org/wiki/Impartiality
Impartiality (also called evenhandedness or fair-mindedness) is a principle of justice holding that decisions should be based on objective criteria, rather than on the basis of bias, prejudice, or preferring the benefit to one person over another for improper reasons.

http://forum.objectivismonline.com/index.php?showtopic=23417

Someone who is hired to be a repo agent may not have a contractual obligation to determine whether the collateral he collects is for debts which are legitimately are in default, but he has a moral obligation to refuse his assignments if he suspects that he’s seizing legitimate property. If he refuses assignments based on tenuous grounds, he may justly be fired, but if he has some certainty that he’s seizing legitimate property, he becomes as much a thief as his employer. Likewise with the juror.
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Everyone, regardless of his role, has a personal moral obligation to treat others justly and refrain from willingly participating in injustice.

To thine own self be true, and it must follow, as the night the day, thou canst not then be false to any man. ~William Shakespeare, Hamlet

I am free, no matter what rules surround me. If I find them tolerable, I tolerate them; if I find them too obnoxious, I break them. I am free, because I know that I alone am morally responsible for everything that I do.

-Robert Heinlein

We are not ROBOTS we are MORALLY FREE and RESPONSIBLE BEINGS.

presence