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You may remember when HB 146, a bill designed to inform juries of their right to nullify a law is specific incidences, was signed by the governor of New Hampshire in June. Libertarian websites such as Lewrockwell.com, Reason.com and Cato were claiming that the law was an historic win for the jury nullification world and may change the nature of criminal court as we know it.

The big question was how far would a judge let a defense attorney go when arguing jury nullification. Would ...