CONCORD, N.H. (March 15, 2018) – Today, the New Hampshire House passed a bill that would require courts to fully inform juries of their right to vote “not guilty” when “a guilty verdict will yield an unjust result.” A coalition of eight Republican representatives introduced House Bill 1443 (HB1443) on Jan. 3. The legislation would amend…
In 1670, the right of jurors to judge both the law and the facts became part of British constitutional law. It ultimately became part of American constitutional law as well, but you'd never know it listening to jury instructions today almost anywhere in the country. With only a few exceptions, juries are explicitly or implicitly told to worry only about the facts and let the judge decide the law. The right of jury nullification has become one of the legal system's best kept secrets.