This may seem like an antiquated statement, especially given our current state of affairs regarding unconstitutional laws, however the application of jury nullification is making its way back to the forefront.
Be sure to read Brent’s other recent articles on ballot access for third parties, free speech in schools and local currencies.
On June 18, 2012 Governor John Lynch of New Hampshire signed HB 146, which reads:
“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.”
In other words, jurors have the right not only to be informed of jury nullification, but have the right to nullify a law if they have reason to believe the law itself is corrupt.
Even though the law does not go into effect until next January, jury nullification in New Hampshire has already occurred.
In 2009, Rastafarian Doug Darrell, of New Hampshire, was arrested after members of a marijuana eradication task force spotted plants from a National Guard helicopter flying over Darrell’s home in Barnstead.
Darrell’s lawyer, Mark Sisti, attempted to get the evidence suppressed, but to no avail, arguing the aerial surveillance was illegal, since the helicopter was below the Federal Aviation Administration of safe altitude, thus violating Darrell’s privacy.