After 20+ years of trying, New Hampshire legislature again to take up mandatory jury nullification instruction

The latest in the 20+ years of efforts (detailed here) by New Hampshire legislators to require judges give jury nullification instructions are up for a House Judiciary Committee hearing next week. As I noted last year when this came up, current law adopted in 2012 (HB 146) provides

In all court proceedings the court shall instruct the jury of its inherent right to judge the law as well as the facts and to nullify any and all actions they find to be unjust. The court is mandated to permit the defendant or counsel for the defendant to explain this right of jury nullification to the jury.

Many legislators became angry when the state’s supreme court ruled in 2014 this law did not require a specific jury nullification instruction by judges (State v. Paul (167 N.H. 39))

This year’s bill (HB 133 of 2017) is effectively a repeat of a 2016 bill (HB 1270) approved on a 9-8 vote in the House Judiciary and by the full House 184-145 before being killed in the Senate. HB 133 of 2017 would require judges use the following exact language in instructing criminal jurors

If you have a reasonable doubt as to whether the state has proved any one or more of the elements of the crime charged, you must find the defendant not guilty.  However if you find that the state has proved all the elements of the offense charged beyond a reasonable doubt, you should find the defendant guilty.  Even if you find that the state has proved all of the elements of the offense charged beyond a reasonable doubt, you may still find that based upon the facts of this case a guilty verdict will yield an unjust result, and you may find the defendant not guilty.

HB 133 is set for its House Judiciary Committee hearing on January 19.