Jury Nullification to be on South Dakota ballot
Jury nullification means a jury can ignore laws they deem to be vindictive or unwise. This is an important vote, and one to watch.
In November, voters in South Dakota will decide whether to give tax protesters, medical marijuana users and other criminal defendants a new right. A proposed constitutional amendment would allow defendants there to concede their guilt but nonetheless argue for acquittal on the grounds that the law under which they were charged is misguided or draconian.
The South Dakota initiative, known as Amendment A, is the next step in a centuries-old debate about the role of juries in deciding not just the facts of a case but also the wisdom of the law in question. The shorthand term for the complex subject is jury nullification.