New Hampshire House to Consider Codifying Jury Nullification

On March 10, the New Hampshire House of Representatives voted in favor of considering a measure codifying jury nullification as part of that state’s criminal procedure. The bill — HB 1270 — is sponsored by nine representatives, all of whom are Republicans. Specifically, the bill mandates that “the court shall inform the jury of its right to judge the facts and the application of the law in relation to the facts in controversy. Commonly, jurors are instructed that they may only consider the facts, leaving the application of the law to the judge. If this bill becomes law, however, in New Hampshire jurors will receive the following instruction prior to deliberating on a case:

The test you must use is this: If you have a reasonable doubt as to whether the state has proved any one or more of the elements of the crime charged, you must find the defendant not guilty. If you find that the law does not apply to the proven facts of the case, you must find the defendant not guilty. However, if you find, that the state has proved all of the elements of the offense charged beyond a reasonable doubt, but you find that based upon the facts of this case a guilty verdict will yield an unjust result, you may find the defendant not guilty. [link to www.thenewamerican.com]