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FW: THIS IS MAJOR GOOD NEWS!!!!!!! New Hampshire Adopts Jury Nullification Law

Henry Morgan relays:

Wooo hoooo   this is a major milestone towards restoring the People's  control over law and government.    While I would have favored stronger, more explicit language......New Hampshire is the first state to return, by law, to recognizing the right of the defendant and/or his counsel to inform the jury of their right to judge the law as well as the facts!!!!! ......

 

which flies in the face of the almost universal position of the judiciary......that while the jury does indeed have the right to nullify the law (find not-guilty in spite of the facts) that neither the defense nor his counsel may inform/remind the jury of that right......nor argue that issue as a defense. (ie "I should be found not guilty because the  law itself is ridiculous and shouldn't be a law in the first place.")   (That's how we got rid of the runaway slave laws....by the way.  Juries in the North began to universally exercise their right to nullify the law by refusing to convict.)

 

Given this monumental achievement in New Hampshire ....... hopefully the other states will follow suit.....and

perhaps there's even reason to be hopeful of restoring direct grand jury access to the People as well!!!!

(So that criminal complaints can be lodged directly by citizens against police and public officials who abuse their power, for example.)  

 

 

 

From: Gordon Curtis [mailto:gordoncurtis@bellsouth.net
Sent: Monday, March 24, 2014 4:13 PM
To: CQ - ALL HANDS
Subject: Jury Nullification... New Hampshire Adopts Jury Nullification Law

 

 

New Hampshire Adopts Jury Nullification Law

http://libertycrier.com/new-hampshire-adopts-jury-nullification-law/

Jury nullification, in which jurors refuse to convict defendants under laws they find objectionable or inappropriately applied, is a favored tactic of many libertarians who advocate individual liberty. They like the idea of a tool that can be wielded on the spot to shield people from powerful control freaks. But nullification is useful only if people know about. And last week, New Hampshire’s governor signed a law requiring the state’s judges to permit defense attorneys to inform jurors of their right to nullify the law.

On June 18, Governor John Lynch signed HB 146, 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’s a step in the right direction, though not necessarily a game-changer. Says he:

"This is definitely a step forward for advocates of jury trial.  Allowing counsel to speak directly to the jury about this subject is something that is not allowed in all the courthouses outside of New Hampshire. So, this is good.  I am concerned, however, that this language does not go far enough. We don’t know how much pressure trial judges will exert on defense counsel."


 

At last! Jury nullification is brought into the open and breathing new life into the Constitution. It's about time.

 

Somebody finally figured out that the common people who comprise juries are the final arbiters of the law, not prosecutors or judges. It means that, from now on, juries in New Hampshire will be guaranteed their Constitutional right to judge the law.

 

Remember New Hampshire's state motto... "Live Free or Die."  The people of New Hampshire are certainly showing us the way to guarantee every man a fair trial.   

 

Jury nullification

http://en.wikipedia.org/wiki/Jury_nullification

 

 

God bless America! 

 

Gordon  Curtis

 

Spread the word

March 24, 2014 in Current Affairs | Permalink