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In recent weeks, New Hampshire’s HB 1270 has been the subject of much discussion, usually referred to in public discourse as a jury nullification bill (as was its 2012 predecessor). HB 1270 passed the New Hampshire House some weeks ago, and just had a hearing in the Senate this past week. Last night I got the chance to listen to the recording of the hearing linked below.

Interestingly, its proponents were anywhere from seemingly reluctant to describe it as a jury nullification bill to outright adamant that it is NOT a jury nullification bill. Recall that the NH Supreme Court unanimously ruled that the 2012 bill previously described as a jury nullification bill was not a jury nullification bill after all, effectively nullifying it, with the state arguing that the intent of the legislature had not been to pass a jury nullification bill.

A couple of choice quotes from the hearing:
Representative Rowe (in support of the bill):
“This bill is absolutely not jury nullification. If it was jury nullification, I assure you it would have NOT made it to our committee. If this bill, in my opinion, changes… changed the Wentworth instruction, I would not have voted for it.”

Representative Berch (opposed to the bill and to jury nullification):
“The purpose of a criminal trial is not to do justice. The purpose of criminal trial is to see if the state has proven a case beyond a reasonable doubt.”