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Jury nullification
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====State laws==== {{Expand section|date = July 2013}} <!--The basic issues for each state are: is jury nullification possible?; can the jury be informed of this? The default position is probably yes, and no. Perhaps this should first be stated in this section, and then exceptions, and nuances could be listed.--> In 2002, South Dakota voters rejected by a 78% margin a state constitutional amendment to permit criminal defendants to argue for jury nullification.<ref>{{cite web |last1=Hannaford-Agor |first=Paula L. |last2=Hans |first2=Valerie P. |author-link2=Valerie Hans |date=26 August 2003 |title=NULLIFICATION AT WORK? A GLIMPSE FROM THE NATIONAL CENTER FOR STATE COURTS STUDY OF HUNG JURIES |url=http://www.ncsc-jurystudies.org/~/media/Microsites/Files/CJS/What%20We%20Do/Nullification_Final.ashx |access-date=9 January 2018 |archive-date=November 28, 2014 |archive-url=https://web.archive.org/web/20141128223628/http://www.ncsc-jurystudies.org/~/media/Microsites/Files/CJS/What%20We%20Do/Nullification_Final.ashx |url-status=dead }}</ref> On June 18, 2012, New Hampshire passed a law explicitly allowing defense attorneys to inform juries about jury nullification.<ref>{{citation|publisher=Reason Magazine|date=June 29, 2012|title=New Hampshire Adopts Jury Nullification Law|last=Tuccille |first=J.D. |url=http://reason.com/blog/2012/06/29/new-hampshire-adopts-jury-nullification}}</ref> On October 24, 2014, the New Hampshire Supreme Court effectively nullified the law and held that the wording of the statute does not allow defense attorneys to tell juries they can nullify a law.<ref>{{cite web|title=New Hampshire Supreme Court Nullifies Jury Nullification Statute|url=https://fija.org/2014/10/24/new-hampshire-supreme-court-nullifies-jury-nullification-statute|archive-url=https://web.archive.org/web/20171030041036/https://fija.org/2014/10/24/new-hampshire-supreme-court-nullifies-jury-nullification-statute|url-status=dead|archive-date=30 October 2017|website=Fully Informed Jury Association|date=24 October 2014}}</ref><ref>{{Cite web |title=What About New Hampshire? |last=Tynan |first=Kirsten C. |website=Fully Informed Jury Association |date=6 September 2021 |url= https://fija.org/library-and-resources/library/law-and-legal-cases/what-about-new-hampshire.html}}</ref> The Maryland State Constitution, Declaration of Rights, states that "in the trial of all criminal cases, the Jury shall be the Judges of Law, as well as of fact, except that the Court may pass upon the sufficiency of the evidence to sustain a conviction." Nevertheless, the Maryland Courts jury service brochure states that "it is your duty to accept what the judge is saying about the law, and how it is to be applied to the case."
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