SALT LAKE CITY, Utah (Feb. 28, 2017) – A Utah bill that would require state courts to fully inform jurors of their right to use discretion in rendering verdicts passed an important House committee last week. Rep. Mark Roberts (R-67) introduced House Bill 332 (HB332) on Feb. 9. The legislation would require that a jury…
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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.