Free Republic

A RIGHT OF JURY NULLIFICATION IN SOUTH DAKOTA? Why Amendment A Should Be Rejected On next month's ballot, the voters of South Dakota will have the opportunity to amend a portion of their state constitution. Amendment A, if adopted, will permit a defendant in a criminal case to make a novel argument to her jury. She can, if she chooses, admit that she is guilty as charged but ask the jury to acquit her anyway, because the law that she violated is wrong or unduly harsh. This Amendment might seem attractive or relatively minor at first blush. But upon closer...