Bill > H5386

This joint resolution proposes a constitutional amendment that would provide criminal defendants with the right to argue jury nullification as a defense during trial. Specifically, the proposed amendment would allow defendants to ask juries to consider not just the letter of the law, but also the broader context of the law's fairness, moral implications, and potential constitutional validity. If approved by voters in the next statewide general election, the amendment would take effect on January 1, 2027. The resolution outlines the process for submitting the proposed amendment to voters, requiring the Secretary of State to publish the proposition in state newspapers and ensure that town, ward, and district meetings are conducted according to existing election laws. Jury nullification is a legal concept where a jury may choose to acquit a defendant not because they believe the defendant is innocent, but because they believe the law itself is unjust or inappropriately applied in a specific case.

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