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State Adopts Jury Nullification Jurors Can Question Law
US Observer ^ | July 3, 2012 | Staff

Posted on 07/03/2012 7:09:44 AM PDT by Twotone

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.

Short, simple and to the point. Nullification advocate Tim Lynch of the Cato Institute thinks it may not be a game changer, but it's a step in the right direction

(Excerpt) Read more at usobserver.com ...


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events; US: New Hampshire
KEYWORDS: jurors; nullification
This should happen all over this country...
1 posted on 07/03/2012 7:09:49 AM PDT by Twotone
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To: Twotone

Bad headline: “State Codifies by Statute Right of Jurors to Question Law,” would have been better.

The right of a jury to return a verdict in the face of both the law and the facts if they believe it will serve justice is a permanent feature of trial by jury. The fact that prosecutors and judges don’t like it, and try to hide the fact from jurors doesn’t change the fact. A conviction returned in the face of the law and the facts will be overturned on appeal. An acquittal the state just has to suffer with.

That is why the jury box is listed between the ballot box and the cartridge box in the old list of the boxes that defend liberty: soap, ballot, jury, cartridge.


2 posted on 07/03/2012 7:15:07 AM PDT by The_Reader_David (And when they behead your own people in the wars which are to come, then you will know. . .)
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To: Twotone

I agree. They should apply it to the George Zimmerman trial.When the technical application of the law in light of the facts of a particular case could produce a result that a reasonable person could consider a grevious injustice then the jury should have the right to consider nullification.


3 posted on 07/03/2012 7:21:52 AM PDT by chuckee
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To: The_Reader_David

But they do try to prevent us from exercising our rights & responsibilities. I’ve been on jury duty a few times in my town, & each time the Judge has asked, ‘will you decide this case based only on the facts presented & the law’ - no option for saying this is a bad law or badly applied.


4 posted on 07/03/2012 7:23:22 AM PDT by Twotone (Marte Et Clypeo)
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To: The_Reader_David

“The old list of the boxes that defend liberty: soap, ballot, jury, cartridge.”


This is a statement that should be emblazoned on the mind of every American and particularly every American Juror.

Thank you for the reminder.


5 posted on 07/03/2012 7:39:16 AM PDT by Steamburg (The contents of your wallet is the only language Politicians understand.)
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To: Twotone
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.
What's sad in all of this is that it has to be enacted in the first place.

...the court shall permit the defense...
1. So "the government" (the court) disallowed jurors (the fellow citizens of those judges ) from being informed and prosecutors counted on "the courts" (read judges) to maintain that ignorance.

...its right to judge the facts and the application of the law...
The ignorant pass judgement and that's okay as long as it keeps the money flowing into the coffers and people into "the system".

To each his sufferings: all are men,
Condemn'd alike to groan—
The tender for another's pain,
Th' unfeeling for his own.
Yet, ah! why should they know their fate,
Since sorrow never comes too late,
And happiness too swiftly flies?
Thought would destroy their Paradise.
No more;—where ignorance is bliss,
'Tis folly to be wise
.

Ode on a Distant Prospect of Eton College by Thomas Gray
6 posted on 07/03/2012 7:53:55 AM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: Twotone

The best cure for the lunacy that is “jury nullification” is jury nullifiction! May all lunatics believing the doctrine be tried for their lives, liberty and property by a jury composed of twelve slugs each thinking their individual concept of the law is better than any other person on earth.


7 posted on 07/03/2012 8:03:16 AM PDT by AEMILIUS PAULUS (It is a shame that when these people give a riot)
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To: Twotone

Actually (said the Prosecutor), juries have always been able to do this ... they just didn’t know it.


8 posted on 07/03/2012 8:22:21 AM PDT by RIghtwardHo
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To: RIghtwardHo
...juries have always been able to do this ... they just didn’t know it.

Whoomp! There it is.

9 posted on 07/03/2012 8:26:04 AM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: RIghtwardHo
juries have always been able to do this

Exactly. Very old principle of Anglo-American jurisprudence of particular relevance to US history. ( See Bushell) The right of Trial by Jury was specifically included in the Constitution because the Jury was the last bastion for the citizen against a tyranical government.

10 posted on 07/03/2012 9:45:39 AM PDT by Timocrat (Ingnorantia non excusat)
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To: Timocrat

Together with the Second Amendment.


11 posted on 07/03/2012 9:51:40 AM PDT by Timocrat (Ingnorantia non excusat)
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