HB 1333 - AS INTRODUCED
2016 SESSION
\t16-2424
\t09/04
HOUSE BILL\t1333
AN ACT\trequiring that courts provide jurors with information regarding the authority of the position of juror.
SPONSORS:\tRep. Hoell, Merr. 23; Rep. Itse, Rock. 10; Rep. Goulette, Hills. 23; Rep. Rideout, Coos 7; Rep. Spillane, Rock. 2; Rep. Aldrich, Belk. 2; Rep. Ingbretson, Graf. 15; Rep. Abramson, Rock. 20; Rep. Hull, Graf. 9
COMMITTEE:\tJudiciary
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ANALYSIS
\tThis bill requires that courts provide jurors with information regarding the authority of the position of juror.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2424
\t09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trequiring that courts provide jurors with information regarding the authority of the position of juror.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Section; Juror Instruction Regarding Authority of the Position of Juror. Amend RSA 500-A by inserting after section 6 the following new section:
\t500-A:6-a Juror Instruction Regarding Authority of the Position of Juror. When providing the prospective juror with the juror qualification form under RSA 500-A:6, the court shall provide the potential juror with the following information on principles regarding the authority of the position of juror:
\t\tI. Constitutional Verdict. Jury nullification of law is your right, defended by America’s Founders. Those Patriots intended jurors to have the final vote on laws before those laws could be enforced. Each law must pass all these reviews before it gains the authority to be enforced. Thomas Jefferson said, “I consider trial by jury as the only anchor yet imagined by man, by which a government can be held to the principles of its constitution.” Your right to own and manage your body is a right you can protect when you are a juror. When you are a juror, you can protect your right to keep your property, your right to privacy, and your right to self defense simply by refusing to enforce bad laws that violate these rights.
\t\tII. Conscience in the Courtroom. The Slave Laws: Until the 1800s, judges told the jurors of their right to refuse to enforce any law. Barkan, citing 52 Harvard Law Review, 682-616) When jurors refused to enforce the 1850 Fugitive Slave Law, judges dismissed them. Today, judges dismiss anyone who believes people own and have the right to manage their own bodies. Corrupt politicians keep making slavery laws that take away your right to own and manage your body. Judges and lawyers complain that jurors “undermine the rule of law and the uniformity of justice,” when jurors veto bad laws. Jurors always have the right to refuse to enforce bad laws.
\t\tIII. Verdict of The People. Trial by jury is trial by the people. When jurors are threatened if they try to judge the law, we have trial by government. “In short, if the jurors have no right to judge the justice of a law of the government, they plainly can do nothing to protect the people against the oppressions of government; for there are no oppressions which the government may not authorize by law.” (Lysander Spooner, “Jury Power,” writing about the fact that corrupt politicians can pass any corrupt law they want—and only the jurors can stop them.
\t\tIV. You Must Know Your Rights. You must know your rights before you get on a jury, because no judge will tell you about your power to veto corrupt laws made by corrupt politicians. The judge may give you instructions to prevent your right to veto bad laws. Once you know your rights and powers, you can veto bad laws and hang the jury. It may not be an acquittal, but it will prevent an unjust conviction in this jury trial. Your veto power as a juror keeps corrupt government in check at least this time.
\t\tV. Conscience and the Constitution Jurors Can Use Discretion. Police, prosecutors, and judges all use personal discretion about any law, charges, and sentencing. Jurors have exactly the same power of personal discretion about any law. If the law violates any human rights, you must vote no against that law by voting “not guilty.” You cannot be punished for your verdict, and no one can make you give a reason.
\t\tVI. Hiding Truth From Jurors. Jurors have the absolute right to vote according to conscience. You cannot be punished for your verdicts. Judges may threaten you. Tell them you know your rights and you know judges work for you. Jurors must question the law in the American courtroom, there are 12 judges who are called the jurors, besides the one with the robe. In fact, one court ruled, “If the jury feels that the law under which the defendant is accused is unjust ... or for any reason which appeals to their logic or passion, the jury has the power to acquit, and the courts must abide by that decision.” (U. S. v Moylan 427 F 2d 1002, 1006, 1969).
\t\tVII. Jurors Have Authority. Government teachers won’t teach you this in school, but a jury has more authority than Congress, the President, or even the Supreme Court. Judges say the law is for them to decide. That is not true. When you are a juror, you have the right to decide both law and fact. American jurors have a proud tradition of saying “no” and “not guilty” when bad and corrupt laws are used against people. You can protect yourself and friends and family by refusing to enforce bad laws. In our system of checks and balances, you, the juror, are the final judge of the law and justice.
\t\tVIII. Bringing Justice Back to the Courtroom. When you are called for jury duty, you will be one of the few people in the courtroom who wants justice, rather than to win or to score career points. For you to defend against corrupt politicians and their corrupt laws, you must get on the jury. During the jury selection, prosecutors and judges often work together to remove honest, thinking people from juries. When you’re questioned during jury selection, just say you don’t keep track of political issues. Show an impartial attitude. Don’t let the judge and prosecutor stack the jury by removing all the thinking, honest people. Instructions and oaths are designed to bully jurors and protect political power. Although it all sounds very official, instructions and oaths are not legally binding, or there would be no need for independent, thinking jurors like you.
\t\tIX. Bringing Conscience Back to the Courtroom. Your conscience is your best guide to justice and to right or wrong. When you are a juror, the judge will tell you to ignore your own conscience and obey what the judge says. Nobody gives up their own sense of right and wrong just because some stranger in a costume says so. Although the judge may sit behind a big desk or wear a black robe, nothing gives any stranger or anyone the right to tell you to ignore your conscience. A judge may try to get you to follow some corrupt laws passed by corrupt politicians who appointed that judge. You need to be as skeptical about what you hear from the judge and other lawyers as you are skeptical about anyone trying to sell a used car. Use your conscience. Think for yourself.
\t2 Effective Date. This act shall take effect January 1, 2017.