The power of jury nullification has gained recognition, acceptance, and wider use in recent years, and has the potential to profoundly affect the application of criminal justice in the United States. Jury nullification allows juries to acquit defendants who are guilty as charged, but who they believe do not deserve to be punished. The power to nullify is not widely known among modern laymen and is the subject of much debate. But little doubt exists of a jury’s right and ability to employ it.
Nullification is derived from and supported by several inherent qualities and precedents shared by most common law systems: discouragement of inquiry into the deliberations and motivations of juries; the prohibition of punishment of jurors for verdicts rendered; the inability of criminal courts to instruct juries to render a particular verdict, no matter the strength of the evidence; and, the prohibition of retrying defendants after they are acquitted.
On June 18 of this year, New Hampshire Governor John Lynch signed into law HB 146, commonly known as “the jury nullification bill,” which reads in part, “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.” The law also states that “the jury system functions at its best when it is fully informed of the jury’s prerogatives.” The law will take effect on January 1, 2013.
Read more here.
No comments:
Post a Comment