Free Talk Live

"Because jury nullification potentially interferes with the enforcement of the law as written, courts may feel threatened by it." New Hampshire’s model jury instruction 3.17 lays out the power of jury nullification. In its model instructions to jurors, it reads, “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.”

Jury nullification, a legal concept that dates back to 17th century England, remains perfectly lawful in the United States, according to a ruling by a federal judge last month.
U.S. District Court Judge Kimba Wood said 80-year-old Julian Heicklin, who was arrested by FBI agents for passing out pamphlets marked "Jury Info" from an organization known as the Fully Informed Jury Association to an undercover agent, was within his legal rights under law to do so. Prosecutors had argued that Heicklin was in violation of U.S. law, which prohibits influencing jurors through written communication.

Rastafarian was growing pot "his own religious and medicinal use."
The judge made himself a hero and stated his intent to be the first judge in New Hampshire to grant the instruction on Nullification to the jury.
Thanks to the Free-Staters in the legsilature, starting on January 1, 2013, *ALL* defendants in NH will have the *RIGHT* to insist their jury hear these instructions.
Want to see fully-informed juries stop the drug war, the way they stopped alcohol prohibition? Come to New Hampshire!

What does a man who attempted to pay a juror $2,500 for a “not guilty” verdict have in common with a 79 retired college professor who handed out information on jury nullification to people entering a court house? This is not a trick question, both men have been charged with “jury tampering.”

Julian Heicklen was indicted of jury tampering last year and now faces federal charges. Heicklen, a 79-year-old retired chemistry professor, has often stood outside various courthouses holding a “Jury Info” sign and handing out brochures that inform jurors of their rights.

Every time the words "raw milk" are about to come up during the proceedings, the jury is ushered out of the room. It happened Monday morning and again Tuesday afternoon. A telling moment during Tuesday's testimony was when Teresa Butterworth, witness for the prosecution and employee of DATCP's Bureau of Food Safety & Inspection whose responsibility it is to license and maintain dairy farm records, could not tell the defense what dairy plants do.

This "story" perfectly illustrates spontaneous jury nullification in the wild and calls it "jury mutiny." Nullification is never mentioned.

With a majority of Americans now saying they don't think pot should be illegal, the prosecution demanded that the jury entertain no effort to practice nullification. Prior to opening arguments, the judge dismissed six potential jurors– including five of the first 13 interviewed– for revealing a disinclination or refusal to convict someone of pot possession.

The only thing that may eventually save the antiwar activists subpoenaed to appear before a grand jury may be jury nullification.

What could possibly be more conducive to "…protecting the integrity of the jury system…" than informing juries of one of their powers? Does the judge not want to see the jury system working as it should, as a check on tyrannical government? It would seem not, otherwise he would welcome the FIJA activists educational efforts at his court. Obviously, the judge likes his juries obedient and easily manipulated.