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 (Proposes to the voters a constitutional amendment which would allow a criminal defendant to argue jury nullification as a defense.)

Rhode Island Bill Summary: Jury Nullification Constitutional Amendment

This is a proposed constitutional amendment that Rhode Island voters would ultimately decide on, not lawmakers alone. The bill would change the state's constitution to explicitly allow criminal defendants and their lawyers to argue "jury nullification" as part of their legal defense. Jury nullification is when jurors choose to vote "not guilty" even if they believe the defendant technically broke the law, because they feel the law itself is unjust, the punishment is too harsh, or applying the law in that specific situation would be unfair. Currently, defense attorneys in most states are not permitted to directly make this argument to juries in court.

If this amendment were passed and approved by voters, a defendant charged with a crime in Rhode Island could have their attorney stand before the jury and openly argue that even if the facts show the law was broken, the jury has the power and the right to acquit based on their own sense of justice. This would be a significant change from current courtroom practice, where judges typically instruct jurors to apply the law as written and may even prohibit attorneys from raising the concept of nullification.

This bill most directly affects people who are criminally charged in Rhode Island courts, as well as prosecutors, defense attorneys, and judges. Supporters of such measures often argue it gives ordinary citizens a check on unjust laws, while critics raise concerns about inconsistent verdicts. Because this is a joint resolution proposing a constitutional amendment, it would need to pass the legislature and then be approved by Rhode Island voters in a general election before becoming law.