Essay about The Guilt Of Jury Nullification

800 Words 4 Pages
IV. For Nullification Based on the tacit allowance of jury nullification that is present today, and the stated allowance of it in death penalty cases, jury nullification should be brought out of the darkness and instated as a right in trials. The benefits of jury nullification are clear, and include the fact that juries can respond to unanticipated circumstances in the moment that laws cannot and that they can look at exigent circumstances and choose to grant a defendant freedom when those circumstances are clear. There are three main ways that nullification should be made known and legal. The first is through statues, the second through jury instructions and the third through the allowance of nullification arguments by defense council. In 2012 New Hampshire passed a statute that allowed 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” (Fully). The legislature was careful in the text of the bill about its intent “to perpetuate and reiterate the rights of the jury, as ordained under common law and recognized in the American jurisprudence” (Fully). However the statute stood for less than two years before the New Hampshire Supreme Court nullified it. The court’s opinion declared that it was not a jury nullification statute and that a defendant has no right to make the argument to the jury that it can nullify (Fully). This decision, though it set jury nullification back, signaled a shift in…

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