Rhode Island 2023 Regular Session

Rhode Island House Bill H5310

Introduced
2/1/23  

Caption

Joint Resolution To Approve And Publish And Submit To The Electors A Proposition Of Amendment To The Constitution -- Jury Nullification As Proper Trial Defense Argument (this Joint Resolution Would Propose To The Voters A Constitutional Amendment Which Would Allow A Criminal Defendant To Argue Jury Nullification As A Defense.)

Impact

If enacted, this amendment could significantly alter the standard defense strategies available to criminal defendants. The introduction of jury nullification as a recognized defense would provide defendants an avenue to challenge not only the application of the law but also the law's ethical standing and constitutionality. This could lead to groundbreaking changes in how juries view their responsibility and the potential for increased acquittals in cases where the law is perceived as unjust.

Summary

House Bill H5310 is a joint resolution proposing an amendment to the Rhode Island Constitution to allow jury nullification as a proper defense argument during criminal trials. Specifically, this bill asserts that a defendant should have the right to argue that juries consider not only the law but also the broader implications and morality of the law in question during deliberations. It sets a precedent for empowering juries to make decisions based on their moral compass, especially concerning laws they deem outdated or unfair.

Contention

The proposal has sparked considerable debate among legislators, legal scholars, and advocacy groups. Proponents argue that this amendment empowers citizens and reflects a democratic approach to justice, allowing juries to serve as a check on laws that may not align with contemporary moral standards. Critics, however, warn that it could undermine the rule of law, leading to unpredictability in verdicts and increased instances of jury rebellion against established statutes. The discussions around this bill highlight a fundamental conflict between the desire for legal principles versus the evolving nature of moral judgment within the justice system.

Companion Bills

No companion bills found.

Previously Filed As

RI H5386

JOINT RESOLUTION TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF AMENDMENT TO THE CONSTITUTION -- JURY NULLIFICATION AS PROPER TRIAL DEFENSE ARGUMENT (This joint resolution would propose to the voters a constitutional amendment which would allow a criminal defendant to argue jury nullification as a defense.)

RI H7221

Joint Resolution To Approve And Publish And Submit To The Electors A Proposition Of Amendment To The Constitution -- Jury Nullification As Proper Trial Defense Argument (this Joint Resolution Would Propose To The Voters A Constitutional Amendment Which Would Allow A Criminal Defendant To Argue Jury Nullification As A Defense.)

RI H7395

JOINT RESOLUTION TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF AMENDMENT TO THE CONSTITUTION -- JURY NULLIFICATION AS PROPER TRIAL DEFENSE ARGUMENT (This joint resolution would propose to the voters a constitutional amendment which would allow a criminal defendant to argue jury nullification as a defense.)

RI H8017

JOINT RESOLUTION TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS PROPOSITION OF AMENDMENT TO THE CONSTITUTION -- OF SUFFRAGE (This Joint Resolution would propose to the voters of the state a constitutional amendment which would provide that no person who is not a citizen of the United States would be allowed to vote in this state.)

RI H5515

JOINT RESOLUTION TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF AMENDMENT TO THE CONSTITUTION -- OF SUFFRAGE (Would propose to the voters of the state a constitutional amendment regarding eligibility to vote and to be a candidate.)

RI H5770

Joint Resolution To Approve And Publish And Submit To The Electors A Proposition Of Amendment To The Constitution -- Of Suffrage (would Propose To The Voters Of The State A Constitutional Amendment Regarding Eligibility To Vote And To Be A Candidate.)

RI S2779

JOINT RESOLUTION TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF AMENDMENT TO THE CONSTITUTION -- OF SUFFRAGE (Would propose to the voters of the state a constitutional amendment regarding eligibility to vote and to be a candidate.)

RI S0820

JOINT RESOLUTION TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF AMENDMENT TO THE CONSTITUTION -- OF SUFFRAGE (Would propose to the voters of the state a constitutional amendment regarding eligibility to vote and to be a candidate.)

RI H7474

JOINT RESOLUTION TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF AMENDMENT TO THE CONSTITUTION -- OF SUFFRAGE (Would propose to the voters of the state a constitutional amendment regarding eligibility to vote and to be a candidate.)

RI H6660

Joint Resolution To Approve And Publish And Submit To The Electors A Proposition Of Amendment To The Constitution Of The State -- Referendum On Line Item Veto (same As 21h-5861 -- This Joint Resolution Would Provide For The Publishing And Submission To The Electors A Proposition Of Amendment To The Constitution Of The State For A Line Item Veto.)

Similar Bills

No similar bills found.