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Article posted Jul 03 2012, 5:44 AM Category: Resistance Source: Libertarian News Print

New Hampshire Adopts Jury Nullification Law!

by Michael Suede

New Hampshire Adopts Jury Nullification Law! July 2, 2012By For those of you who don't know much about jury nullification, basically it's when the jury finds a defendant innocent because of their dislike of the law. For example, a jury might refuse to convict a non-violent drug offender because they disagree with the fundamental premise of drug laws themselves.

Throughout the United States, judges have forbidden defense attorneys from informing juries that they have a right to nullify the law based on their dislike of the law. In California for example, jurors are required to inform on other jurors if one of them argues that the law is bad. The judge will then replace that juror with an alternate. A defense attorney who argues on grounds of nullification could face disbarment or other sanctions by the court, even though nullification is a right all U.S. jurors poses under common law.

On June 18, New Hampshire 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.”

I have the feeling this New Hampshire law will end up having a tremendous effect on the American judicial system as a whole. If enough people start nullifying drug laws in New Hampshire, eventually New Hampshire prosecutors will be forced to stop prosecuting drug offenses in that state entirely. In 2010, a Montana case never even made it to trial because prosecutors could not find enough people who would be willing to convict a person based on drug charges.

It is a little-known fact that the vast majority of cases in America never make it to a jury trial. The Florida Bar released a report showing that less than 1% of civil and criminal cases go before a jury. This is because legislatures have imposed incredibly stiff penalties for all sorts of victimless crimes, which makes gambling with a jury trial inherently dangerous for those who are accused of violating a victimless law. Often prosecutors will initially charge a person with numerous felony offenses, then offer a plea deal for far less time if the person agrees to plead guilty; thereby avoiding a jury trial. Presently, people who are charged with growing 50 or more marijuana plants under federal law face 20 years in prison. Often prosecutors will drop that to 5 years under a lesser charge if a person agrees to plead guilty.

If jury nullification were to become widespread, more and more people would again seek jury trials hoping for an acquittal. Since the number of people being charged with victimless crimes has increased exponentially, the U.S. court system itself would crumble under the weight of pending jury trials.  Prosecutors would have no choice but to stop prosecuting victimless laws or face an implosion of the legal system.

Here is a document on nullification created by a lawyer that explains your rights as a juror. Every American citizen should take the time to read this document.

In the video below, historian Tom Woods explains the impact of nullification by state legislatures and juries throughout America’s history. Jury nullification was used to combat fugitive slave laws, as well as to fight against laws that violated free speech and free trade.






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Comments 1 - 2 of 2 Add Comment Page 1 of 1
Anonymous

Posted: Jul 03 2012, 7:00 AM

Link
7414 I like the sound of this. Good for you, NH!
I read a few references to drug laws in the article, but just wait until this starts happening in Income Tax cases (unconstitutional...cough cough).
John James Chorzempa Jr.

Posted: Jul 04 2012, 1:42 PM

Link
9867 There is no such thing as Jury nullification; there is only "Jury Sovereignty"; specifically: the the Right nd Responsibility of all Sovereign Men and Sovereign Women when called upon to sit in any Lawful Jury to "Judge - All Laws, Statutes, Ordinances, Codes, at the Same time it examines All Facts", exercising and executing all reasonable, fair, equitable, compassionate, and Just Judgments, as is their God given and Constitutionally Contracted, Granted, and Protected Responsibility to fulfill from their Original Superior Jurisdiction.
It is without question that Original Superior Jurisdiction is: "Of The People, By the People, and For the People".
It is not of the Legislature, by the Legislature, for the Legislature, nor is It of the Executive, by the Executive, for the Executive, nor of the Judges, by the Judges, for the Judges.
All "Actions and Processes" the above Publicly paid "Employee Officials" are exercised and executed from inferior jurisdictions derived and derived, deligated,and granted from the Original and Sovereign Jurisdiction of Sovereign Men and and Sovereign Women in their "Original Jurisdiction of the People".
A failure of any Employee Judge to Notice any and all lawfully empaneled Jury the it is their Responsibility to examine and Judge Any and All Laws envloved in any portion of any Jurial Process is a "Violation of Their Oath Of Office: To Protect the Constitution and the People", is a violation which should mandates impeachment and under graves circumstances be examined even for charges of treason against the nation.
The use of the Term: "Jury Nulification" is an "Injury to the any and All of the Sovereign People". It describes and says to any "Reasonable Man", by using the adjective negation word "Nullification" along side of "Jury": "Jury Not", "Jury No", "Jury Null", Jury "Nulified". These two words when used together are insulting, disrespectful and injurious to the Sovereign "People".
Consider in comparison the proper, true and truthful responsibilities and executed actions of any "Sovereign Jury", exercising its "Jury Sovereignty"; it exercises and executed Judgments which consider " All Laws and All Facts". Anything less is any partial, unjust, injurious to the People, in singular and plural.
What is needed most is a National Jury Soverignty 28th Amendment to our Constitution and to the Constitution of all of the States of our Nation.


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