I always thought the language in RSA 519:23-a (commonly referred to as the jury nullification statute) was weak. In fact, the state’s attorney argued in front of the NH supreme court that before it passed into law, the legislature stripped all mention of jury nullification from the original bill. From the state’s perspective, their attorney was correct, and the supreme court unanimously affirmed that the statute is not a jury nullification statute. Here’s their seven-page decision.
The statute in question is a shadow of what it should have been. Perhaps the legislature can try again and get it right this time. Until then, whether or not a defendant will be allowed to tell a jury about nullification (which has happened multiple times thus far in NH) remains up-to-the-judge in the case, it seems. Stay tuned to Free Keene for or NHJury.com for the latest news about jury rights in New Hampshire.
NH Jury nullification advocate Rich Paul is out of jail! Rich recently spent a few extra months in jail in order to no longer have probation when he got out. (Though he is still on a suspended sentence.) Activists convoyed out and picked him up this morning at 6am, then stopped by Central Square to enjoy a smoke, followed by breakfast downtown. Later today, Rich will have lunch with friends.
Video of his release to come – watch Free Keene for an update. Rich is excited to get started expanding NH Jury as an activist and outreach organization.
In this video, activist Rich Paul’s appeal attorney Joshua Gordon argues in front of the Supreme Court that instructions for juries should be more acknowledging of their right to jury nullification, while the attorney for the state argues that nullification is illegal, but tolerated by the system:
Rich was originally convicted by a jury of his “peers” on cannabis dealing charges (more…)
What are you doing on a bright Monday morning? Grabbing that coffee before work? Sleeping in on your day off? Turning out to inform scores of jurors of their right to nullify bad laws?
If the last one sounds like your morning, odds are you turned out to jury nullification outreach in Manchester, New Hampshire. Every other week, a band of dedicated activists shows up and passes out literature informing jurors of their right to vote “not guilty” in order to nullify bad laws.
Dozens of citizens participate as jurors as part of a required “civic duty.” Unfortunately, all too often jurors end up sending their fellow citizens who have never hurt anyone behind bars, feeling they have no choice but to convict of a victimless “crime.” As it turns out, in New Hampshire the rights of jurors to vote “not guilty” and nullify bad laws is well-protected, even though few jurors know about this right. That’s why it’s imperative to make time to get out there and inform jurors. It’s one way we can make a difference. It could save someone’s life.
It’s a few minutes out of your morning. All you have to do is show up with a smile on your face and pass out informative literature. You have everything to gain. What do you have to lose?
Supporters who enter the court are asked to be respectful and non-disruptive.
The issue at law is the question of whether the judge’s jury instructions violated the statute that makes the defense of “Jury Nullification” permissible in New Hampshire.
![rich_paul_megaphone[1]](https://i0.wp.com/nhjury.com/wp-content/uploads/sites/5/2014/10/rich_paul_megaphone1.png)
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