Texas this week becomes the 4th state this legislative session to consider a bill to permit or require judges give a jury nullification instruction.
- judge the law to determine whether the law is unjust or unjustly applied to a party in a case
- determine the validity of the evidence and
- vote on the jury verdict according to the members’ consciences.
The Texas bill is similar to one filed in Utah (HB 332). That bill would have required judges inform jurors of
- the potential sentence for a guilty verdict and
- “the jury’s power to find a defendant not guilty when a guilty verdict would be manifestly unjust.”
The bill was rejected by the full Utah House on a 29-45-1 vote earlier this month.