2023 -- H 5310

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LC000476

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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J O I N T   R E S O L U T I O N

TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF

AMENDMENT TO THE CONSTITUTION -- JURY NULLIFICATION AS PROPER TRIAL

DEFENSE ARGUMENT

     

     Introduced By: Representatives Place, Rea, and Nardone

     Date Introduced: February 01, 2023

     Referred To: House State Government & Elections

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     RESOLVED, That a majority of all members elected to each house of the general

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assembly voting therefor, the following amendment to the Constitution of the state be proposed to

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the qualified electors of the state in accordance with the provisions of Article XIV of the

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Constitution for their approval and that it adds an additional section to Article I, which is hereby

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amended, effective January 1, 2025, to read as follows:

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     SECTION 25. Jury Nullification as Proper Criminal Trial Defense Argument.

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     A criminal defendant shall, as a matter of right, have the right to argue that the jury,

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during its deliberations, should take into consideration, not just the law, but the facts, the nature

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of the charge and whether the law, which the defendant has been charged with violating, is

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morally repugnant, outdated or unfair to the citizenry, and those accused of violating the law, or

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that the subject criminal law charged is unconstitutional.

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     RESOLVED, That the said proposition of amendment shall be submitted to the electors

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for their approval or rejection at the next statewide general election. The voting places in the

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several cities and towns shall be kept open during the hours required by law for voting therein for

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general officers of the state; and be it further

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     RESOLVED, That the Secretary of State shall cause the said proposition of amendment

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to be published as a part of the resolution in the newspapers of the state prior to the date of the

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said meetings of the said electors; and the said proposition shall be inserted in the warrants or

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notices to be issued previous to said meetings of the electors for the purpose of warning the town,

 

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ward, or district meetings, and said proposition shall be read by the town, ward, or district

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meetings to be held as aforesaid; and be it further

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     RESOLVED, That the town, ward, and district meetings to be held as aforesaid shall be

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warned, and the list of voters shall be canvassed and made up, and the said town, ward, and

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district meetings shall be conducted in the same manner as now provided by law for the town,

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ward, and district meetings for the elections of general officers of the state.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

J O I N T   R E S O L U T I O N

TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF

AMENDMENT TO THE CONSTITUTION -- JURY NULLIFICATION AS PROPER TRIAL

DEFENSE ARGUMENT

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     This joint resolution would propose to the voters a constitutional amendment which

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would allow a criminal defendant to argue jury nullification as a defense.

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LC000476

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