Jury Nullification

Starting in the early 1990s, a new wave of grass-roots promoters again brought the issue to the forefront, attempting this time to focus on legislation rather than on case law. Several states—including Arizona, Louisiana, Massachusetts, Tennessee, and Washington—were unsuccessful in efforts either to introduce or to pass legislation or constitutional amendments that would require judges to instruct jurors of their right to nullify the law. And in 2002, South Dakota voters overwhelmingly rejected a proposed constitutional amendment to institutionalize jury nullification.