New Hampshire 2025 Regular Session

New Hampshire House Bill CACR7

Introduced
1/21/25  
Refer
1/21/25  

Caption

Relating to the presumption of innocence. Providing that in all cases and suits of the state against one of the people, the defendant shall be innocent unless proven guilty.

Impact

If adopted, CACR7 would amend the New Hampshire constitution, adding a clear statement affirming the presumption of innocence for all accused individuals. This change could enhance protections for defendants in both criminal and civil cases, promoting fair treatment and due process. Moreover, by incorporating this amendment, New Hampshire would align its constitution more closely with widely accepted legal standards found in many other states and the federal justice system, potentially influencing judicial practices and precedents across the state.

Summary

CACR7 is a proposed constitutional amendment in New Hampshire that aims to establish the presumption of innocence as a foundational principle in the state's legal framework. Specifically, the resolution stipulates that in all cases and suits brought by the state against individuals, the accused shall be deemed innocent unless proven guilty. This amendment addresses a significant gap in the current New Hampshire constitution, which does not explicitly mention this critical legal principle, thereby intending to strengthen the rights of defendants within the state’s judiciary system.

Sentiment

The sentiment surrounding CACR7 appears to be predominantly supportive among legislators and advocacy groups focused on civil rights. Proponents argue that establishing the presumption of innocence explicitly in the constitution is a necessary safeguard against wrongful convictions and protects the fundamental rights of individuals accused of crimes. However, there may be some opposition, particularly from those who believe existing legal standards adequately protect defendants and that the amendment might lead to unintended legal complications.

Contention

A notable point of contention revolves around the implications of explicitly stating the presumption of innocence in the constitution. Critics could argue that there may already be sufficient legal protections in place, and that adding such an amendment could complicate legal proceedings or open the door for appeals and other legal challenges based on interpretations of this amendment. Opponents may also express concern about the timing of the amendment and the potential for misinterpretations that could arise from changing established legal precedents.

Companion Bills

No companion bills found.

Previously Filed As

NH CACR23

Relating to the right to abortion. Providing that all persons shall have the right to abortion prior to 24 weeks.

NH CACR21

Relating to the oath of civil officers. Providing that the default oath of office shall be a non-religious oath.

NH CACR1

Relating to the governor. Providing that there be a lieutenant governor who shall assume the duties of the governor if the governor is incapacitated.

NH CACR12

Relating to the definition of the word "cherish." Providing that the 1784 word "cherish" shall be replaced by the 2024 word "cherish."

NH CACR18

Relating to the tax exempt status of churches. Providing that churches shall not be exempt from state taxes.

NH CACR14

Relating to the environment and natural resources. Providing that the state shall maintain and improve a clean and healthful environment for present and future generations.

NH CACR11

Relating to the retirement age for sheriffs. Providing that sheriffs attaining the age of 70 years during their elected term in office shall be permitted to complete their current term.

NH CACR25

Relating to the rights of children and parents. Providing that parents and children have the right to control their health, education, and welfare.

NH CACR17

Relating to the rights of parents. Providing that parents shall have a fundamental right to direct the upbringing, education, and care of their minor children.

NH CACR6

Relating to the retirement age for judges. Providing that the mandatory judicial retirement age shall be increased from 70 to 75.

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Voting thresholds.