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Anti Federalist
06-25-2012, 11:17 AM
Now, all juries in NH will be informed that they have the right, not just to judge the facts, but the law itself.

Best news I've heard in months.

I think I will volunteer for jury duty.


“519:23-a Right of Accused. 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.”

http://granitegrok.com/blog/2012/06/the-free-state-of-new-hampshire-is-now-a-fully-informed-jury-state

H/T to "Keith and stuff" for the original story.

tod evans
06-25-2012, 11:20 AM
This is a really good step!

Just watch for state prosecutors to give jurisdiction to the feds on cases they want convicted w/o an actual trial...

donnay
06-25-2012, 11:22 AM
This is great news!!

Support FIJA! http://fija.org/

Reason
06-25-2012, 11:22 AM
UPDATE: CONFIRMED

Any other news sources on this...?

That source looks questionable...

I find nothing when I search news.google.com

Anti Federalist
06-25-2012, 11:23 AM
This is a really good step!

Just watch for state prosecutors to give jurisdiction to the feds on cases they want convicted w/o an actual trial...

Oh no doubt, there will be any number of greasy moves made to get around this.

But maybe NH can start leading the way in reducing that plea bargain rate I posted about a few days ago.

Sam I am
06-25-2012, 11:48 AM
it seems to me that the common man seems to err on the side of the prosecution more often than on the side of the defense. I'm not entirely sure that this will result in less convictions.

tod evans
06-25-2012, 11:49 AM
I find nothing when I search news.google.com

:eek:.......

Keith and stuff
06-25-2012, 11:51 AM
Any other news sources on this...?

That source looks questionable...

The source is my friend. He heard about the story from me and blogged about it. Trust me, this is real. I've spent over a year pushing this bill all over the place. I'm so happy to see it finally pass.



I find nothing when I search news.google.com

Because it is my story and I haven't blogged about it yet. Rest assured, I will blog about it and I will blog about it here on Ron Paul Forums first :)

It is listed in the 2012 New Hampshire Liberty Related Bills Report (http://www.ronpaulforums.com/showthread.php?361270-2012-New-Hampshire-Liberty-Related-Bills-Report) so it is the real deal.

trey4sports
06-25-2012, 11:57 AM
hell yeah! NH is on the right track!

Anti Federalist
06-25-2012, 12:00 PM
As Keith already noted, it is legit.

What was throwing me was the fact that it was re-introduced in subsequent years under a different bill number than first introduced.

But, here it is:

http://www.gencourt.state.nh.us/bill_status/bill_docket.aspx?lsr=91&sy=2012&sortoption=&txtsessionyear=2012&txtbillnumber=hb146

fisharmor
06-25-2012, 12:11 PM
Well, now I have to discuss moving with my wife.
;)

I like VA, but we have a pretty big false conviction problem here.

Keith and stuff
06-25-2012, 12:20 PM
As Keith already noted, it is legit.

What was throwing me was the fact that it was re-introduced in subsequent years under a different bill number than first introduced.

But, here it is:

http://www.gencourt.state.nh.us/bill_status/bill_docket.aspx?lsr=91&sy=2012&sortoption=&txtsessionyear=2012&txtbillnumber=hb146

Yeah, people have been trying to get this stuff passed in NH for years. HB 146 is a 2011 bill that was worked on over the break between the 2011 and 2012 sessions. By worked on, I mean that it had no chance of passing in the original form. It was watered down and the concept was explained to the senate, senator by senator. Eventually, enough got on board and it was sent to the governor. In NH, as you already know Anti Federalist but some people here may not, most senator are not lawyers. Most senators in NH don't have a through understanding of legalese so it was a time consuming process explaining this bill to businessman/senators.

Luciconsort
06-25-2012, 12:32 PM
yet another reason to move to NH.

jmdrake
06-25-2012, 12:47 PM
Now, all juries in NH will be informed that they have the right, not just to judge the facts, but the law itself.

Best news I've heard in months.

I think I will volunteer for jury duty.



http://granitegrok.com/blog/2012/06/the-free-state-of-new-hampshire-is-now-a-fully-informed-jury-state

H/T to "Keith and stuff" for the original story.

Good news indeed! My only caveat is that I would encourage liberty minded people in all states to volunteer for jury duty. After all, there's no law anywhere that says a juror can't inform other jurors about their rights. ;)

heavenlyboy34
06-25-2012, 01:16 PM
cool beans :cool: NH-ites leads teh way again! :)

dannno
06-25-2012, 01:26 PM
Any other news sources on this...?

That source looks questionable...

I find nothing when I search news.google.com

This is not a topic the establishment wishes to advertise to the public.

Anti Federalist
06-25-2012, 01:37 PM
Yeah, people have been trying to get this stuff passed in NH for years. HB 146 is a 2011 bill that was worked on over the break between the 2011 and 2012 sessions. By worked on, I mean that it had no chance of passing in the original form. It was watered down and the concept was explained to the senate, senator by senator. Eventually, enough got on board and it was sent to the governor. In NH, as you already know Anti Federalist but some people here may not, most senator are not lawyers. Most senators in NH don't have a through understanding of legalese so it was a time consuming process explaining this bill to businessman/senators.

And this is as it should be.

Great work.

BuddyRey
06-25-2012, 05:38 PM
Bump for great justice!

Way to go, NH!!!

Mini-Me
06-25-2012, 10:07 PM
Wow, this IS good news...and it's about time one of these General Politics threads had some, too.

KingRobbStark
06-25-2012, 10:14 PM
Another reason why NH is the state to be in.

Expatriate
06-25-2012, 10:31 PM
Wow! Excellent news if true!


“519:23-a Right of Accused. 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.”

Edit: The only thing that worries me is the wording - if all the court permits the defense to say is verbatim "you have the right to judge the facts and the application of the law in relation to the facts in controversy" I'm not sure if the jury members would even know what the heck that means. It's confusing. Can the defense vary the wording?

Keith and stuff
06-28-2012, 12:14 PM
After well over a decade of work, New Hampshire finally passed a fully informed jury reform bill.

Technically, according to the legal experts, New Hampshire law not only allows for jury nullification but it informs juries about their ability to exercise jury nullification. Judges in NH say something like, “If the prosecution has met its legal burden, the jury should find the defendant guilty” in NH courts. The word should does not mean must. If judges used the word must, they would be telling jurors that jury nullification is illegal. Since judges use the word should, they say that jury nullification is legal, possible and you may use it but you shouldn't use it.

Thanks to House Bill 146, the defense is now allowed, over a judge's objection, to inform a jury that a jury has a right to judge the application of the law in relationship to the facts in controversy. How will a defense attorney choose to make such a legal argument to a jury? Will judges try to restrict an attorney for making such an argument in non-legalese? We don't know the answers to these questions yet. While HB 146 may have gone rather than any similar law in any other state, it may not have gone far enough. Rest assured, the people of NH will be paying attention to future trials in NH and if we feel we need to push further legislation, we will.

HB 146 was championed in the NH House by the sponsor, Rep. Lars Christiansen, Rep. Dan Itse and the Speaker of the House. It was championed by Senators Jim Forsythe and Fenton Groen on the Senate Judiciary Committee and passed the Senate 14-9 over the wishes of Senate President Peter Bragdon. Governor John Lynch signed HB 146 into law last week.

This bill only became law because of the dedication of pro-liberty lawyers, Ron Paul supporters and free staters. Thank you, thank you, thank you!

Coverage:
GraniteGrok http://granitegrok.com/blog/2012/06/the-free-state-of-new-hampshire-is-now-a-fully-informed-jury-state
Cato Institute http://www.policemisconduct.net/jury-nullification-law-signed-new-hampshire-governor/
Free Keene TV
http://www.youtube.com/watch?v=6qnc4y0w0Hw

Anti Federalist
06-30-2012, 11:44 AM
New Hampshire Passes Jury Nullification Law

Saturday, June 30th, 2012

http://www.theagitator.com/2012/06/30/new-hampshire-passes-jury-nullification-law/

Cato’s Tim Lynch runs down the history of jury nullification, then argues that while the new New Hampshire law isn’t perfect, it is a good start.


This is definitely a step forward for advocates of jury trial. Allowing counsel to speak directly to the jury about this subject is something that is not allowed in all the courthouses outside of New Hampshire–so, again, this is good. I am concerned, however, that this language does not go far enough. We don’t know how much pressure trial judges will exert on defense counsel. As noted above, if the attorney’s argument is “too strenuous,” the judge may reprimand the attorney in some way or deliver his own strenuous instruction about how the jurors must ultimately accept the law as described by the court, not the defense. I’m also afraid what the jurors hear will too often depend on the particular judge and, then, what that judge wants to do in a particular case.

It’s great that there was enough support in the legislature to move on this bill and for the governor to sign it. However, some of that support, I fear, may be because of a wink and nod that “nothing is really going to change–so go ahead and support the measure.” I hope I’m wrong about that. Continued vigilance will be necessary in New Hampshire.

The reform that I favor is a law that would require . . . [an] instruction to be delivered by the trial court–upon the request of the defense.

Here’s the language Lynch would use, which is one that was once used in some state courts:


It is presumed that juries are the best judges of fact. Accordingly, you are the sole judges of true facts in the case.

I think it requires no explanation, however, that judges are presumed to be the best judges of the law. Accordingly, you must accept my instructions as being correct statements of the legal principles that generally apply in a case of the type you have heard.

The order in which the instructions are given is no indication of their relative importance. You should not single out certain instructions and disregard others but should construe each one in the light of and in harmony with the others.

These principles are intended to help you in reaching a fair result in this case. You should give them due respect. Moreover, justice will ordinarily be done by applying them as a whole to the facts which you find have seen proven. You should do just that if, by doing so, you can do justice in this case.

Even so, it is difficult to draft legal statements that are so exact that they are right for all conceivable circumstances. Accordingly, you are entitled to act upon your conscientious feeling about what is a fair result in this case, and acquit the defendant if you believe that justice requires such a result.

Exercise your judgment without passion or prejudice, but with honesty and understanding. Give respectful regard to my statements of the law for what help they may be in arriving at a conscientious determination of justice in this case. That is your highest duty as a public body and as officers of this court.

While researching my book, I’ve been reading up on the early criminal justice system in America. I knew nullification was common practice in the early courts, but I’ve been surprised to learn that not only was it common, it was expected. That is, for much of America’s early history, it was just assumed that juries would nullify bad laws—or unjust application of good laws—and that assumption was built into the way the courts operated. Acquittal rates were also much higher than they are today. Surprisingly, this is true even of slaves tried for crimes in southern courts. (Whether a slave accused of a crime was lucky enough to get a day in court is another matter.)

Of course, the country is much different now. But it has changed in ways that make the doctrine of jury nullification more important. We have a much more complicated, vague, and confusing criminal code now. A huge percentage the felonies prosecuted today are for consensual crimes. Conspiracy, racketeering, and money laundering laws enable prosecutors to take multiple bites from the same apple, from multiple angles. That improves the odds of winning a conviction on something. And that of course gives them another tool—the power to pile on charges in order to force a plea agreement. Which means that in 90+ percent of the felony convictions in America today, the government never needs to bother proving its case.

Jury nullification more important than its ever been. And the power is still there. There’s little a judge can do about a jury that returns an acquittal based on their assessment of the justness of the law, rather than the facts of the case before them. But as regular readers of this site are well aware by now, prosecutors and judges screen any prospective juror who has even heard of the term.

Even if states don’t want to pass a law as proactive as New Hampshire’s, a law forbidding questioning prospective jurors about nullification—or at least forbidding their removal because they know of or support the idea—would be a good start.

It’s good that lawmakers are at least thinking about this issue, though. I hope we see more laws like the one New Hampshire.

For more on the issue, pick up the excellent book by Clay Conrad.

Uriah
06-30-2012, 11:59 AM
Holy schnikes!!

economics102
06-30-2012, 12:21 PM
Um, I ALREADY UNDERSTAND jury nullification and I can't make sense of what the language they passed is supposed to mean.

Anti Federalist
06-30-2012, 12:30 PM
Um, I ALREADY UNDERSTAND jury nullification and I can't make sense of what the language they passed is supposed to mean.

If you, as a defense attorney, told a jury that they have the right to judge "the application of the law in relation to the facts in controversy", you would probably be disbarred and face criminal contempt charges.

Now, you will not.

Keith and stuff
06-30-2012, 12:36 PM
If you, as a defense attorney, told a jury that they have the right to judge "the application of the law in relation to the facts in controversy", you would probably be disbarred and face criminal contempt charges.

Now, you will not.

Sometimes judges allow weak informed jury arguments. I think I remember hearing of cases where it happened in MT and NH. That said, I completely agree with you in that judges don't always and get throw people in jail for making such arguments. We don't know how much leeway the judges are going to give the defendant and the defense attorneys based on the new law. I suspect most judges will give more leeway than just that simple statement.

If this law doesn't go far enough, we can always go through the legislative process again. I'm up for the task!

Keith and stuff
06-30-2012, 12:42 PM
UPDATE: CONFIRMED

Any other news sources on this...?

New Hampshire Adopts Jury Nullification Law
J.D. Tuccille | June 29, 2012
http://reason.com/blog/2012/06/29/new-hampshire-adopts-jury-nullification


Jury nullification, in which jurors refuse to convict defendants under laws they find objectionable or inappropriately applied, is a favored tactic of many libertarians who, rightly or wrongly perceive individual liberty as, at best, a minority taste among their neighbors. They like the idea of a tool that can be wielded on the spot to shield people from powerful control freaks without first having to win a popularity contest. But nullification is useful only if people know about. And last week, New Hampshire's governor signed a law requiring the state's judges to permit defense attorneys to inform jurors of their right to nullify the law.

On June 18, Governor John Lynch signed HB 146, which reads:

a Right of Accused. 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.

Keith and stuff
06-30-2012, 12:59 PM
Additional coverage:
Here is Drudge Report coverage of the Reason coverage.
Saturday, June 30, 2012
N.H. Allows Jury Nullification
http://www.drudge.com/news/158467/nh-allows-jury-nullification

Jury Nullification in New Hampshire
By Henry Neufeld
http://henrysthreads.com/2012/06/jury-nullification-in-new-hampshire/

Threads from Henry’s Web: Jury Nullification in New Hampshire
Latest from the MethoBlogoSphere
by Henry Neufeld
http://methoblog.com/3_0/2012/06/jury-nullification-in-new-hampshire/

Positive jury nullification development in New Hampshire
http://www.drugwarrant.com/2012/06/positive-jury-nullification-development-in-new-hampshire/

June 30. 2012 11:49AM
Reason.com: NH adopts jury nullification law
http://www.newhampshire.com/article/20120630/AGGREGATION/120639993

Jury Nullification Law signed by New Hampshire Governor
June 28, 2012, 11:13:52 am
http://dailyanarchist.com/forum/index.php/topic,1463.0.html

Jury Nullification Law Signed by New Hampshire Governor
http://www.thetreeofliberty.com/vb/showthread.php?t=165504

Jury Nullification law signed in New Hampshire
http://www.usmessageboard.com/law-and-justice-system/231263-jury-nullification-law-signed-in-new-hampshire.html

Jury Nullification Law Signed by New Hampshire Governor
Wednesday, June 27, 2012
http://freenorthcarolina.blogspot.com/2012/06/jury-nullification-law-signed-by-new.html

jury nullification now legal in New Hampshire
http://www.rollitup.org/politics/540782-jury-nullification-now-legal-new.html

Jury Nullification Law Signed by New Hampshire Governor
http://forums.military.com/eve/forums/a/tpc/f/672198221/m/1460015292001

Jury Nullification Law Signed by New Hampshire Governor
http://www.silencertalk.com/forum/viewtopic.php?f=132&t=91250

N.H. Allows Jury Nullification
2012-06-30 8:02am -07:00T
http://www.blogowogo.com/blog_article.php?aid=4206958

Jury Nullification Law Signed by New Hampshire Governor
http://features.rr.com/article/00qH2wEeQW1f7

NH formally legalizes jury nullification
http://www.armedpolitesociety.com/index.php?topic=35107.0

New Hampshire Adopts Jury Nullification Law
http://dyspepsiageneration.com/?p=76690

Episode - June 28th 2012 of Free Talk Live
http://www.freetalklive.com/content/podcast_2012_06_28

The Free State Of New Hampshire Is Now A Fully Informed Jury State!
http://forums.corvetteforum.com/politics-religion-and-controversy/3082508-the-free-state-of-new-hampshire-is-now-a-fully-informed-jury-state.html

You lose some, you win some (2)
http://jamescrain.net/2012/06/29/you-lose-some-you-win-some-2/

Thursday Links
http://www.postlibertarian.com/2012/06/thursday-links/

economics102
06-30-2012, 01:37 PM
If you, as a defense attorney, told a jury that they have the right to judge "the application of the law in relation to the facts in controversy", you would probably be disbarred and face criminal contempt charges.

Now, you will not.

Well it would be rather silly to get yourself disbarred/held in contempt for telling the jury something they won't understand anyway :)

I suppose now, though, if a defense attorney in NH says to the defense attorney "you have the right to judge the law itself" or something similar that is very close in meaning to the law, if a judge took offense they can say "I said something that is substantively identical to a jury instruction the law allows me to say."

Still, I'm just saying the legal command as written will mean exactly nothing to a jury. It's like if the Miranda Rights law was written in some incomprehensible way.

Chester Copperpot
06-30-2012, 01:42 PM
this is very good news

Anti Federalist
06-30-2012, 01:45 PM
Well it would be rather silly to get yourself disbarred/held in contempt for telling the jury something they won't understand anyway :)

I suppose now, though, if a defense attorney in NH says to the defense attorney "you have the right to judge the law itself" or something similar that is very close in meaning to the law, if a judge took offense they can say "I said something that is substantively identical to a jury instruction the law allows me to say."

Still, I'm just saying the legal command as written will mean exactly nothing to a jury. It's like if the Miranda Rights law was written in some incomprehensible way.

Is the wording perfect?

No, and that's been acknowledged.

Hopefully, some brave defense attorneys will now start their closing arguments with something like this:

"Ladies and gentlemen of the jury, I want to make one thing clear to you: under NH law, you have the right and the duty to judge the facts and the law in this case. You may acquit if you find that the law is unjust or being unjustly applied."

As it stands right now, NH is now the only state in the nation where a defense attorney could come even close to saying that and not get disbarred and/or arrested.

So, I'll take it as a "win".

Keith and stuff
06-30-2012, 01:50 PM
Still, I'm just saying the legal command as written will mean exactly nothing to a jury. It's like if the Miranda Rights law was written in some incomprehensible way.

There was press coverage of the event in NH. In fact, the statewide paper posted a link to the Reason blog post on it's website. The major conservative blog in NH covered the news. A local TV show in Keene covered the news. 1000s of people in NH have seen the news on Facebook. Some people are talking about it in NH.

Plus, outside of the superior counts in Grafton County and Cheshire County, the majority of the times jury selection happens, pro-liberty activists stand outside the doors and offer people fully informed jury flyers at they enter the courts.

http://freekeene.com/wordpress/wp-content/uploads/2011/11/nhjury.png
Above is what the front cover of the trifold looks like. Below are the front and back sides of the flyer incase you want to create flyers and start handing them out where you live.

http://freekeene.com/wordpress/wp-content/uploads/2011/11/Juror_Trifold_Side1.jpg

http://freekeene.com/wordpress/wp-content/uploads/2011/11/Juror_Trifold_Side2.jpg

That's just a few of the many, many court reform methods we are trying!

FSP-Rebel
06-30-2012, 01:56 PM
Well done NH!!

Keith and stuff
07-02-2012, 09:42 PM
New coverage is still coming!

New Hampshire Passes Jury Nullification Law
Monday, 02 July 2012 16:26
Written by Joe Wolverton, II
http://thenewamerican.com/usnews/constitution/item/11934-new-hampshire-passes-jury-nullification-law


Thank you Joe for covering this story.

I am honored to have shared this story with the world. It is wonderful when writers share your narrative.


Representatives Lars Christiansen, Dan Itse, and the Speaker of the House sponsored HB 146 in the New Hampshire House of Representatives. Senators Jim Forsythe and Fenton Groen pushed for the bill on the senate side of the state legislature.

Jury Nullification In New Hampshire Becomes Reality
Michael Suede
http://www.policymic.com/articles/10603/jury-nullification-in-new-hampshire-becomes-reality

And the front page of Daily Paul with 54 comments (currently)
http://www.dailypaul.com/242800/jury-nullification-passed-in-new-hampshire

Jury Nullification Law Signed By New Hampshire Governor
http://www.wopular.com/jury-nullification-law-signed-new-hampshire-governor

New Hampshire passes jury nullification law
http://rationalreview.news-digests.com/archives/90979?utm_source=rss&utm_medium=rss&utm_campaign=new-hampshire-passes-jury-nullification-law

WAY TO GO NEW HAMPSHIRE!!! Live Free or Die!!!
http://www.mattsregularrants.com/2012/07/02/way-to-go-new-hampshire-live-free-or-die/

New Hampshire moves towards jury nullification right
http://prorevnews.blogspot.com/2012/07/new-hampshire-moves-towards-jury.html

NH jury nullification law signed, effective 1/1/13
http://www.northeastshooters.com/vbulletin/threads/165847-NH-jury-nullification-law-signed-effective-1-1-13

New Hampshire Passes Jury Nullification Law
http://www.humblelibertarian.com/2012/07/new-hampshire-passes-jury-nullification.html

New Hampshire Adopts Jury Nullification Law
http://www.freedomsphoenix.com/News/114274-2012-07-02-new-hampshire-adopts-jury-nullification-law.htm

New Hampshire Adopts Jury Nullification Law good job, New Hampshire
http://forums.footballguys.com/forum/index.php?showtopic=645657

Jury Nullification Law Signed by New Hampshire Governor
http://www.freerepublic.com/focus/f-news/2901770/posts

New Hampshire Adopts Jury Nullification Law
http://fromthetrenchesworldreport.com/new-hampshire-adopts-jury-nullification-law/17080/

NH passes "Fully Informed Jury" law
http://www.revolutionbox.org/Thread-NH-passes-Fully-Informed-Jury-law

Henry Rogue
07-02-2012, 10:43 PM
In a storm of bad news, a beacon of light.

Keith and stuff
07-06-2012, 11:36 PM
Three bigger sites recently covered this wonderful story :)

New Hampshire Strikes a Blow Against the Sovietized Amerikan 'Justice' System
Posted by William Grigg on July 6, 2012 10:10 AM
http://www.lewrockwell.com/blog/lewrw/archives/115106.html

The "live free or die" state chooses the former
Jul 4th 2012, 18:54 by J.F. | WASHINGTON, DC
http://www.economist.com/blogs/democracyinamerica/2012/07/jury-nullification

N.H.’s Jury Nullification Law
By Uncle Dave Tuesday July 3, 2012
http://www.dvorak.org/blog/2012/07/03/n-h-s-jury-nullification-law/

Indy Vidual
07-06-2012, 11:42 PM
+1776
I know someone who had FIJA as their primary passion starting over 25 years ago.
That is great news. :D


Now, all juries in NH will be informed that they have the right, not just to judge the facts, but the law itself.

Best news I've heard in months.

I think I will volunteer for jury duty.



http://granitegrok.com/blog/2012/06/the-free-state-of-new-hampshire-is-now-a-fully-informed-jury-state

H/T to "Keith and stuff" for the original story.


This is great news!!

Support FIJA! http://fija.org/


The source is my friend. He heard about the story from me and blogged about it. Trust me, this is real. I've spent over a year pushing this bill all over the place. I'm so happy to see it finally pass.



Because it is my story and I haven't blogged about it yet. Rest assured, I will blog about it and I will blog about it here on Ron Paul Forums first :)

It is listed in the 2012 New Hampshire Liberty Related Bills Report (http://www.ronpaulforums.com/showthread.php?361270-2012-New-Hampshire-Liberty-Related-Bills-Report) so it is the real deal.


hell yeah! NH is on the right track!

Carson
07-06-2012, 11:44 PM
Now if only they will let you have a jury trial.

Elwar
07-07-2012, 10:13 AM
Awesome. I went in for jury duty here in Florida and the judge asked us if we disagreed that the laws were to be determined in Talahassee and that we were merely there to judge whether or not the law was followed.

I was the sole disagreer. I stated that I felt that it was not only our duty to judge the crime but the law itself. That the last sliver of hope for freedom against tyranny was the single jury member. He came back with "we can't sit here while each lawyer goes through all of our laws and tries to determine if you support that law or not".

Needless to say, I did not get chosen for jury duty. Neither did the guy who stated rather adamantly that he did not believe that a police officer would ever make a false statement. I guess we cancelled each other out.

I did make it onto a civil trial once and was the sole voice of reason that turned a jury that wanted to convict the guy into a jury that made the right choice and let the guy go (considering nothing he did not harm the victim).

AGRP
07-07-2012, 10:27 AM
Now this is activism.

Keith and stuff
07-07-2012, 02:44 PM
Now this is activism.

On Monday there is jury selection at my local court house. So, a bunch of us are going to get up at 7:00 AM, stand outside the court and hand out fully informed jury tri-folds. That's just how we roll in NH. It is really sad that people don't do it in other parts of the country :(

Honestly, I wish this was common place and not something to brag about. It isn't that hard to do. You just find out when jury selection is and then tell 100 liberty activists in the area about it. Sure enough, always enough liberty activists show up. Heck, I was there one time and there were 5-7 of us and I felt like it was too much. I don't want to do anything to reduce the chances of someone taking the tri-fold.

Please, if you live some where other than NH, start doing judicial activism. Get involved. Get other people involved. We need 100s of groups all over the country doing what we do in 2 counties in NH.

http://freekeene.com/wordpress/wp-content/uploads/2011/11/nhjury.png

torchbearer
07-07-2012, 02:49 PM
can you volunteer for jury duty?

Keith and stuff
07-08-2012, 07:21 AM
The online edition of the Union Leader, the NH state paper, covered this issue again. This is the 3rd time the online edition of the Union Leader has covered HB146 becoming law. Perhaps someone at the Union Leader is working hard to inform the NH public about NH146 passing and about jury rights in general?

On July 7th, the online edition of the Union Leader (http://www.unionleader.com/article/20120707/AGGREGATION/120709758) again carried the July 3rd article (http://www.unionleader.com/article/20120703/AGGREGATION/120709894) by the Cato Institute about HB146 becoming law in New Hampshire.

Keith and stuff
07-09-2012, 06:34 AM
It was great standing outside of the courthouse this morning, handing potential jurors fully informed jury tri-folds. Unfortunately, too many people showed up to do it. With 4 of us there and only 2 doors, it looked kind of strange so I felt it was best that I leave. It is too bad we have this problem of too many people showing up to do jury outreach where I live...

Keith and stuff
08-10-2012, 11:34 AM
It is nice to see Chuck Baldwin recognizing us for our hard working in getting this law passed.

New Hampshire Officially Recognizes Jury Nullification
http://chuckbaldwinlive.com/home/archives/5031


One of the last (and very best) true investigative journalists is William Norman Grigg. I have admired his work for years. A report he recently wrote was covered by one of the very best (if not THE BEST) newspapers in the country, The Eau Claire (Wisconsin) Journal. Grigg writes, “When New Hampshire Governor John Lynch signed HB 146 into law on June 18, the Granite State became the first in the nation to enact a measure explicitly recognizing and protecting the indispensable right of jury nullification.


For now, the great State of New Hampshire officially recognizes jury nullification. In the interest of the preservation of freedom in America, the rest of the “several states” should quickly follow suit.

MoneyWhereMyMouthIs2
08-10-2012, 11:59 AM
It is nice to see Chuck Baldwin recognizing us for our hard working in getting this law passed.

New Hampshire Officially Recognizes Jury Nullification
http://chuckbaldwinlive.com/home/archives/5031


It's a big deal. I missed this somehow.

Keith and stuff
09-17-2012, 02:03 PM
It's a big deal. I missed this somehow.

Yes, it is a big deal :)

Doug Darrell Acquitted Of Marijuana Charges Through Jury Nullification In New Hampshire
The Huffington Post | By Hilary Hanson Posted: 09/17/2012 2:07 pm Updated: 09/17/2012 2:43 pm
http://www.huffingtonpost.com/2012/09/17/doug-darrell-marijuana-jury-nullification_n_1890824.html

Anti Federalist
09-17-2012, 07:44 PM
It was great standing outside of the courthouse this morning, handing potential jurors fully informed jury tri-folds. Unfortunately, too many people showed up to do it. With 4 of us there and only 2 doors, it looked kind of strange so I felt it was best that I leave. It is too bad we have this problem of too many people showing up to do jury outreach where I live...

Only in NH would that be considered a problem.

Keith and stuff
09-24-2012, 11:44 AM
When we were having the debate on how useful the passage of HB 146 is, we talked about what a judge would allow a lawyer to say about jury nullification to inform the jury about it. HB 146 does really say when a judge is supposed to limit a lawyer on the subject.

Here is an example of what a judge (not even the lawyer in this case, though the defense attorney did bring up jury nullification) said in a case as a result of HB 146 passing in NH.

These instructions seem to be on the better end of what some of us thought a judge would allow during a trial. This is great news, great news indeed!

September 22. 2012 10:12PM
Juror says religion not a factor in nullification decision
By SHAWNE K. WICKHAM
New Hampshire Sunday News
http://www.unionleader.com/article/20120923/NEWS03/709239922


That’s because defense attorney Mark Sisti had raised it in his closing arguments, after which both the prosecutor and Judge James O’Neill also addressed it, she said.

Converse said there was “very little” discussion about the Rastafarian religion. Instead, jurors focused first on whether Darrell was guilty of “manufacturing” marijuana; most felt he was.

Then they turned to the judge’s instructions about jury nullification, which they had asked for in writing. The foreman wrote them on the board:

“Even if you find that the State has proven each and every element of the offense charged beyond a reasonable doubt, you may still find the defendant not guilty if you have a conscientious feeling that a not guilty verdict would be a fair result in this case.”

Keith and stuff
10-03-2012, 01:51 PM
I have no idea what this case is about and don't care to discuss the actual details of the case. However, check out this quote from the article. However, feel free to if you want.

I will point out a couple of paragraphs from the article. This is a sign of things to come. Sometimes lawyers may argue jury nullification when there actually is a victim. Nothing is perfect. What is important is that the jury has the option AND knows about the option.

October 03. 2012 3:02PM
Jurors asked to consider nullification in trial of Salem man shot by police
By JAMES A. KIMBLE
http://www.unionleader.com/article/20121003/NEWS03/710039831


“The judge may not instruct it, but it is your right,” defense lawyer Richard Sheehan said during closing arguments in the trial of Larry Minassian, 53, on trial for criminal threatening and reckless conduct.


Nullification allows New Hampshire jurors to find someone innocent even if the state proves its case. It's a legal concept that has resided in the U.S. Constitution since the nation began but is rarely applied in modern courtrooms. It's the basis for a new state law that permits the defense in all criminal cases “to inform the jury of its right to judge the facts and the application of the law in relation to the facts in controversy,” which takes effect Jan. 1.

HOLLYWOOD
10-03-2012, 02:09 PM
I don't know about that Joe W. McQuaid as the publisher of the Union Leader. He came out on C-SPAN basically calling Ron Paul supporters loons, backed Mr. Internationalist, Newt Gingrich, and spoke about how papers have been manipulating the public/readers since before the founding fathers, as his paper does as well when a caller questioned him about it. Wish I could find that clip from C-SPAN.

http://en.wikipedia.org/wiki/New_Hampshire_Union_Leader



The online edition of the Union Leader, the NH state paper, covered this issue again. This is the 3rd time the online edition of the Union Leader has covered HB146 becoming law. Perhaps someone at the Union Leader is working hard to inform the NH public about NH146 passing and about jury rights in general?

On July 7th, the online edition of the Union Leader (http://www.unionleader.com/article/20120707/AGGREGATION/120709758) again carried the July 3rd article (http://www.unionleader.com/article/20120703/AGGREGATION/120709894) by the Cato Institute about HB146 becoming law in New Hampshire.

Agorism
10-03-2012, 02:38 PM
“519:23-a Right of Accused. 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.”

Only in criminal proceedings. not civil?

Keith and stuff
10-03-2012, 02:52 PM
I don't know about that Joe W. McQuaid as the publisher of the Union Leader. He came out on C-SPAN basically calling Ron Paul supporters loons, backed Mr. Internationalist, Newt Gingrich, and spoke about how papers have been manipulating the public/readers since before the founding fathers, as his paper does as well when a caller questioned him about it. Wish I could find that clip from C-SPAN.

http://en.wikipedia.org/wiki/New_Hampshire_Union_Leader

Yeah, the Union Leader is the major paper in NH. It seems Republican and tends to make a lot of strange endorsements. It also allows opposing view points so the spokes people from the NH Dems and the NH GOP write for it from time to time. Others like John Stossel, Patrick B. and Thomas Sowell are also covered in the Union Leader.

The Union Leader supports
Not requiring adults to wear seat belt
Not requiring motorcycle helmets
No income tax
No sales tax
Medical marijuana

Free staters are published in the paper from time to time. All in all, it treated Ron Paul like complete crap but is generally more pro-liberty than the average Republican in the US. As far as major area papers go, it is pretty good. The Concord Monitor, which ran several nice articles about Ron Paul, is actually the most statist paper in NH. Strange stuff.

Anyway, I work with who I can to promote liberty. Sometimes I can only work with someone or an organization on 1 or 2 issues. In that case, I work with them on those issues.

Keith and stuff
10-18-2012, 01:43 PM
The judge didn't like it. The judge took the jury out of the room. The judge almost through the defendant in jail. However, the defendant quickly mentioned the jury nullification argument and it helped. It happened again. This time in NJ. The jury found him not guilty!

NJWeedman found not guilty in pot distribution case
http://www.phillyburbs.com/news/crime/njweedman-found-not-guilty-in-pot-distribution-case/article_2d6d582d-0887-53f2-a7d5-c7c10bc8b958.html


MOUNT HOLLY — A jury found Ed "NJWeedman" Forchion not guilty Thursday in the Rastafarian activist's marijuana distribution case.

The decision came after Forchion was nearly held in contempt of court in the morning as he delivered his closing argument.

Stay tuned for details of Thursday afternoon's verdict.

Forchion, formerly of Pemberton Township, tried to introduce his jury nullification argument into the closing, but was quickly stopped by Superior Court Judge Charles Delehey, who had barred any discussion of it.

Forchion began verbally sparring with Delehey, who then ordered the jury out of the room and told the defendant he would be held in contempt if he continued to ignore the court’s orders.

“If you want to make a martyr of yourself, the court will deal with you,” the judge said. “You’ve done everything you can to disrupt this trial.”

Jury nullification would allow the jurors to disregard the law they were ordered to follow in considering the case and acquit a defendant, no matter what the evidence, in effect nullifying or invalidating the law.

Keith and stuff
10-19-2012, 02:12 PM
Here he is, on video.


http://www.youtube.com/watch?v=TG7uI5viZ8w

Valli6
10-19-2012, 02:45 PM
And here's NJWeedman a few weeks after his arrest in 2010.

http://www.youtube.com/watch?v=tqGTBH8papA

NJweedman talks about himself, NJ laws, his arrest and jury nullification - from 2011.

http://www.youtube.com/watch?v=79OPrXOvtLA

He drives the Weedmobile!

http://www.youtube.com/watch?v=RDdufW-qoEw

TokenLibertarianGuy
10-19-2012, 02:59 PM
This law seems great. I hope something like this gets passed in more states!

Just a question, do some states actually force jurors to convict if the state can prove its case beyond reasonable doubt?