Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Another Path to 'Not Guilty'[Nullification]
WSJ ^ | 22 Jan 2014 | Ashby Jones

Posted on 01/23/2014 10:09:25 AM PST by Theoria

Not all juries are created equal. These days, nowhere is that clearer than in New Hampshire.

A bill introduced earlier this month in the Granite State's House of Representatives would require judges to tell juries in every criminal case that they are free to exercise a long-standing but controversial power called "nullification." That means jurors can vote to acquit defendants not only if they have reasonable doubt of guilt, but also if they simply don't agree with the underlying law.

Juries in criminal cases in the U.S. have long had the power to acquit using the nullification principle. But New Hampshire is the only state in recent years to take steps to ensure juries in the state are aware of the concept.

The New Hampshire bill is a follow-up to one the state legislature passed in 2012 that explicitly says lawyers are allowed to tell jurors about nullification. That law has led to more defense lawyers urging juries to disregard the law if they find it unfair or overly harsh, say several New Hampshire lawyers.

The action that New Hampshire has taken on nullification has raised hopes of a revival of the idea among some constitutional scholars, defense lawyers and legislators in other states who view it as a way to boost civic engagement and cut down on what they see as overly aggressive prosecutions.

"What New Hampshire is doing represents the most significant development with jury nullification in a long, long time," said Tim Lynch, the director of the libertarian Cato Institute's criminal-justice project. "We're hopeful that this marks the start of a resurgence."

Not everyone shares his enthusiasm. Nullification is an "extremely dangerous notion," said Scott Burns, executive director of the National District Attorneys Association.

(Excerpt) Read more at online.wsj.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; US: New Hampshire
KEYWORDS: jury; jurynullification; newhampshire
Navigation: use the links below to view more comments.
first 1-2021-38 next last
Jurors Need to Know That They Can Say No

Jury Nullification : The Top Secret Constitutional Right[PDF]

The Rise and Fall of Jury Nullification[PDF]

FIJA

1 posted on 01/23/2014 10:09:25 AM PST by Theoria
[ Post Reply | Private Reply | View Replies]

To: Theoria

It hasnt passed yet.


2 posted on 01/23/2014 10:12:39 AM PST by sickoflibs (Obama : 'If you like your Doctor you can keep him, PERIOD! Don't believe the GOPs warnings')
[ Post Reply | Private Reply | To 1 | View Replies]

To: Theoria

Just another indication of how insane this country has become.


3 posted on 01/23/2014 10:14:13 AM PST by TurkeyLurkey
[ Post Reply | Private Reply | To 1 | View Replies]

To: sickoflibs

Such power in the hands of the common man could be dangerous, but it also could be liberating.
Something to watch


4 posted on 01/23/2014 10:14:48 AM PST by griswold3 (Post-Christian America is living on borrowed moral heritage)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Theoria

It completely changes the meaning of words guilty or innocent.

If it does pass:
It Should give the jurors three possible verdicts that they can choose from :Guilty, guilty but nullified, and innocent.


5 posted on 01/23/2014 10:15:58 AM PST by sickoflibs (Obama : 'If you like your Doctor you can keep him, PERIOD! Don't believe the GOPs warnings')
[ Post Reply | Private Reply | To 1 | View Replies]

To: Theoria
I was on a jury pool where one of the lawyers (I think the prosecutor) asked if anyone had heard of jury nullification. I raised my hand and he asked what I knew. I gave far too detailed of explanation and he made a smart ass comment that it sounded like I was on the wrong side of the rail. Needless to say, I wasn't on the final jury.
6 posted on 01/23/2014 10:16:28 AM PST by KarlInOhio (Republican amnesty supporters don't care whether their own homes are called mansions or haciendas.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: griswold3
RE :”Such power in the hands of the common man could be dangerous, but it also could be liberating.”

They already have that power as it has been used by black jurors for decades, but this law would tell them that its OK to use it.

If it does pass it Should give the jurors three possible verdicts that they can choose from :
Guilty, guilty but nullified, or innocent.

7 posted on 01/23/2014 10:19:32 AM PST by sickoflibs (Obama : 'If you like your Doctor you can keep him, PERIOD! Don't believe the GOPs warnings')
[ Post Reply | Private Reply | To 4 | View Replies]

To: TurkeyLurkey

Huh?

This is one of the foundational concepts of our country!

Ever hear of that Penn dude, the guy they named THE STATE OF PENNSYLVANIA after?

An unjust law cannot be used to convict someone.
Do you think a man should go to jail for killing someone who raped his wife or kids?

If you go into a jury box and you vote against what your conscience tells you is the truth, you have sold your soul and are nothing but a cog in the machine!


8 posted on 01/23/2014 10:23:37 AM PST by djf (OK. Well, now, lemme try to make this clear: If you LIKE your lasagna, you can KEEP your lasagna!)
[ Post Reply | Private Reply | To 3 | View Replies]

To: sickoflibs

During Prohibition, juries nullified alcohol control laws about 60 percent of the time.


9 posted on 01/23/2014 10:26:43 AM PST by Wolfie
[ Post Reply | Private Reply | To 7 | View Replies]

To: griswold3; sickoflibs

We need to be careful. Nullification of a law does not necessarily mean that a law if wrong or bad. It can simply imply, when an innocent verdict is reached, that the law shouldn’t apply given to the accused.

For instance, if a person were ticketed for running a red light in order to get out of the way of an ambulance, they would indeed be guilty of violating the traffic law. But the law should not apply if the motorist was also yielding to an emergency vehicle by law. There are more examples of this than you might think.

Another example: A soldier in the process of moving had a gun in his car to transport it. The gun was legal when he originally lived there, but while on active duty was made illegal. He was arrested on weapons violations when the officer checked his trunk. Per current law, what he did was illegal. But his circumstance should not be subject to the law and only jury nullification would exonerate him.

We’d like to believe that these 1,500 page bills would include some provision for every conceivable circumstance. But if this were the case, there would be no need for “stand you ground laws” as it has always been legal to defend your life. Since the details were getting muddy and prosecutors were prosecuting in grey areas, citizens demanded some protection for prosecutors by enacting laws that prevented prosecutors from pestering otherwise innocent victims.


10 posted on 01/23/2014 10:29:34 AM PST by Tenacious 1 (My whimsical litany of satyric prose and avarice pontification of wisdom demonstrates my concinnity.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Wolfie

Sleezy defense lawyers always try to shop for jurors to get a hung jury and one group is more dependable than all others at it.


11 posted on 01/23/2014 10:30:44 AM PST by sickoflibs (Obama : 'If you like your Doctor you can keep him, PERIOD! Don't believe the GOPs warnings')
[ Post Reply | Private Reply | To 9 | View Replies]

To: Tenacious 1; griswold3; Wolfie
RE :”We need to be careful. Nullification of a law does not necessarily mean that a law if wrong or bad. It can simply imply, when an innocent verdict is reached, that the law shouldn’t apply given to the accused.
For instance, if a person were ticketed for running a red light in order to get out of the way of an ambulance, they would indeed be guilty of violating the traffic law. But the law should not apply if the motorist was also yielding to an emergency vehicle by law. There are more examples of this than you might think.”

Thats a personal moral distinction.

Another one for some would be that blacks are arrested for attacking whites at 10 times the rate of the opposite, so obviously the law is racist and unfair.

12 posted on 01/23/2014 10:34:41 AM PST by sickoflibs (Obama : 'If you like your Doctor you can keep him, PERIOD! Don't believe the GOPs warnings')
[ Post Reply | Private Reply | To 10 | View Replies]

To: Theoria

Awesome links, thanks!


13 posted on 01/23/2014 10:40:26 AM PST by jurroppi1
[ Post Reply | Private Reply | To 1 | View Replies]

To: TurkeyLurkey

What? This is a restoration of sanity.


14 posted on 01/23/2014 10:41:20 AM PST by SeaHawkFan
[ Post Reply | Private Reply | To 3 | View Replies]

To: sickoflibs

O.J. Simpson. Guilty but nullified.

I’m for nullification if the juror really understands the law he is nullifying.


15 posted on 01/23/2014 10:43:10 AM PST by A'elian' nation ("Political Correctness does not legislate tolerance; it only organizes hatred." Jacques Barzun)
[ Post Reply | Private Reply | To 5 | View Replies]

To: sickoflibs

Yes, there are sleazy criminal defense attorneys; but you obviously have now idea about the number of sleazy prosecutors.


16 posted on 01/23/2014 10:44:45 AM PST by SeaHawkFan
[ Post Reply | Private Reply | To 11 | View Replies]

To: Tenacious 1
Nullification of a law does not necessarily mean that a law if wrong or bad. It can simply imply, when an innocent verdict is reached, that the law shouldn’t apply given to the accused.

O.J.Simpson

17 posted on 01/23/2014 10:48:25 AM PST by jim_trent
[ Post Reply | Private Reply | To 10 | View Replies]

To: Theoria

In the two trials on which I sat on the jury in the mid-1980’s, we didn’t need a judge to tell us. As soon as the jury sat down I told them. And it’s simple: Nobody is allowed, in their official capacity, to ask an individual juror what facts of the case led them to their verdict. All they can ask you is if in fact your personal verdict is the same as the one given on your behalf by the jury foreman. I believe they can also ask if you were coerced, but that is another issue.

This means it is completely legal for you to find for the defense because you happen to know that the prosecuting attorney is sleeping with your wife.


18 posted on 01/23/2014 10:49:48 AM PST by cuban leaf
[ Post Reply | Private Reply | To 1 | View Replies]

To: Theoria

bkmk


19 posted on 01/23/2014 10:51:23 AM PST by Sergio (An object at rest cannot be stopped! - The Evil Midnight Bomber What Bombs at Midnight)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Theoria
Strangely, I don't believe in the overt use of nullification, because it undermines an expectation of equal treatment. For example, a juror who hates women shouldn't be able to justifying the decision to nullify a case of assault based on a personal belief that wife beating shouldn't be illegal.

As a matter of ultimate civic protection against the state, a jury trial has inherent merits of nullification, which is easily done without a stated justifiation. A juror will be challenged by the other jurors if they are out of line on their reasoning; but the greater number of jurors acting to nullify, the less argument there is.

20 posted on 01/23/2014 10:58:25 AM PST by SampleMan (Feral Humans are the refuse of socialism.)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-38 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson