NH Article 31/32 Petition To Mandate Jury Nullification Classes

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This Petition is Sponsored by New Hampshire Legislators

Rep _______, Rep John Hikel and Rep ______

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Summary

We, the undersigned People of New Hampshire, come forth to Address and Instruct Our New Hampshire Legislature regarding the Unlawful Use of Unqualified Jurors in Trial by Jury proceedings.

 

Authority To Petition

We bring Our Grievances to this General Court according to the New Hampshire Constitution, Part 1, Article 32 which states, "The People have a Right, in an orderly and peaceable manner, to Assemble and Consult upon the common good, give instructions to their representatives, and to Request of the Legislative Body, by way of Petition or Remonstrance, Redress of the wrongs done them, and of the Grievances they Suffer."

Authority To Be Heard

We request a hearing of Our Grievances from Our General Court to be scheduled as soon as reasonably posible according to the New Hampshire Constitution, Part 1, Article 31 which states, "The legislature shall assemble for the redress of public grievances and for making such laws as the public good may require."

Constitutional Issues

Regarding Part One, Article 3:

" When men enter into a state of society, they surrender up some of their natural rights to that society, in order to ensure the protection of others; and, without such an equivalent, the surrender is void."

Therefore, without Trials By fully informed Jurors, that which we do surrender for the common good of society becomes void.

 

Regarding Part One, Article 4:

" Among the natural rights, some are, in their very nature unalienable, because no equivalent can be given or received for them. Of this kind are the Rights of Conscience."

Therefore, a Juror should act with reasonable conscience and should not be forced to violate their conscience for the sake of the State.

 

Regarding Part One, Article 12:

" Every member of the community has a right to be protected by it, in the enjoyment of his life, liberty, and property; he is therefore bound to contribute his share in the expense of such protection, and to yield his personal service when necessary..."

Therefore, every member of society has the Right to be Protect by a Fully Informed Jury of his Peers.

 

Regarding Part One, Article 15:

"... No subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled or deprived of his life, liberty, or estate, but by the judgment of his peers, ..."

Therefore, if the accused are to be fully protected by the Jury, it stands to reason that that the Jurors must be fully informed about their Authority and Responsibility to the Accused as well as the Court.

 

Regarding Part One, Article 20:

" In all controversies concerning property, and in all suits between two or more persons except those in which another practice is and has been customary and except those in which the value in controversy does not exceed $1,500 and no title to real estate is involved, the parties have a right to a trial by jury. This method of procedure shall be held sacred,.."

Therefore, if this process is to be held sacred over any matter exceeding $1500, how much more sacred should this process be when it involves a man's liberty? Jurors must be informed as to how sacred their role in this process really is; they must understand the immense significance of Jury Nullification prior to being considered qualified to make any judgments civil or criminal.

 

Regarding Part One, Article 21:

" In order to reap the fullest advantage of the inestimable privilege of the trial by jury, great care ought to be taken, that none but qualified persons should be appointed to serve; and such ought to be fully compensated for their travel, time and attendance."

Therefore, any exception made to allow an ignorant Juror to serve is equivalent to the willful violation of the Rights of the Accused; it must be insured that all Jurors are fully informed about the scope of their authority.

 

Regarding Part One, Article 35:

" It is essential to the preservation of the rights of every individual, his life, liberty, property, and character, that there be an impartial interpretation of the laws, and administration of justice. It is the right of every citizen to be tried by judges as impartial as the lot of humanity will admit. It is therefore not only the best policy, but for the security of the rights of the people, that the judges of the supreme judicial court should hold their offices so long as they behave well; ..."

Therefore, Jurors must be informed about the absolute presumption of innocence and of their role in first judging the law before judging the man and any Judge infringing on this sacred process should be removed from office.

 

Regarding Part One, Article 38:

A frequent recurrence to the fundamental principles of the constitution, and a constant adherence to justice, moderation, temperance, industry, frugality, and all the social virtues, are indispensably necessary to preserve the blessings of liberty and good government; the people ought, therefore, to have a particular regard to all those principles in the choice of their officers and representatives, and they have a right to require of their lawgivers and magistrates, an exact and constant observance of them, in the formation and execution of the laws necessary for the good administration of government.

Therefore, any Judge that does not exactly and constantly observe the fundamental principles of the Constitution in the execution of the law Violates his Oath of Office. Only a fully informed Jury can protect the accused from this common abuse of men.

 

Conclusion

We do not yet foresee a more expedient remedy to this Critical Issue that has plagued the People of Our State than to cause all State run High Schools in New Hampshire to teach Jury Nullification as part of the necessary credits required to graduate.

Due to the seriousness of this issue, We also believe that such requirements must be placed on the graduates of the New Hampshire University system.

Therefore, in accord with Article 31, We the People of New Hampshire, for the reasons stated above and on other grounds to be brought forth in testimony, do herby submit to the General Court this Constitutionally Supported Petition seeking a hearing to be scheduled before the General Courts at its earliest convenience for the purpose of finding a peaceful resolution to this Lawless Plague of Our Constitutionally Protected and Insured Rights.

 

Click the Link below for a brief video about this Constitutional Duty

http://www.youtube.com/watch?v=4DHwSa2YMx8

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Learn More about the NH Petitions Process at www.NHRedress.org

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Email us at Petition@NHRedress.info

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Click this link to locate your NH State Reps and Senators

Ask them to support this Petition.

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