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South Dakota to Vote on Jury Nullification

In November, South Dakota will vote on giving juries the right to return not guilty verdicts in cases in which they disagree with the law--such as cases involving tax protesters and medical marijuana users.

We're in favor of juries being able to nullify unfair or draconian laws. Generally speaking though, we are not in favor of amending the Constitution. Couldn't a state statute accomplish the same thing? What are we missing?

"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."

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