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H 7386Criminal Procedure

To Approve and Publish and Submit to the Electors a Proposition of Amendment to the Constitution - Jury Nullification as Proper Trial Defense Argument

Proposes a constitutional amendment allowing criminal defendants to argue for jury nullification as a valid defense in trial.

Introduced
Population
Affected
35
Introduced Jan 28, 2026Committee House State Government & Elections

Plain-English Summary

This joint resolution proposes an amendment to the Rhode Island Constitution that would explicitly allow criminal defendants to argue for jury nullification during their trials. If passed by the General Assembly, the proposition would be submitted to Rhode Island voters for their approval or rejection at the next statewide general election. The measure seeks to fundamentally alter how criminal defense can be conducted in the state's courtrooms.

Under the proposed amendment, a new section would be added to Article I of the state constitution. This section would grant criminal defendants the absolute right to argue that a jury should consider more than just the factual evidence of the case and the strict letter of the law during its deliberations. Specifically, defendants would be permitted to argue that the law they are accused of violating is morally repugnant, outdated, or unfair to the citizenry. They could also argue that the underlying statute is unconstitutional.

Essentially, this measure would formalize jury nullification as a legitimate and protected defense strategy in Rhode Island. Historically, judges routinely instruct juries that they must apply the law as given to them, regardless of their personal feelings about it. This amendment would override that standard practice by empowering juries to judge the law itself, not just the defendant's actions. If the resolution passes the legislature and the subsequent ballot measure is approved by a majority of voters, the constitutional amendment would take effect on January 1, 2028.

For younger readers

This bill would let voters decide if people accused of a crime can ask the jury to ignore the law if they think the law is unfair. Right now, juries are only supposed to look at the facts and follow the law exactly as it is written. If this passes, a person on trial could argue that the law itself is bad or outdated.

Who & Where It Applies

Impacted groups
Criminal defendantsDefense attorneysProsecutorsJudgesJuriesRhode Island voters

Constitutional & Fiscal Check

Low

Estimated cost
Not specified
Estimated revenue
Not specified

Bill Analysis

Both viewpoints
For Progressives
  • Allows juries to push back against systemic injustices or racially biased laws.
  • Provides a defense against victimless crimes, such as drug possession, that disproportionately harm marginalized communities.
  • Empowers everyday citizens to act as a direct check on government overreach and unfair prosecutions.
  • Could allow juries to acquit individuals who commit hate crimes or civil rights violations based on the jury's own prejudices.
  • Undermines the uniform application of the law, potentially leading to unequal justice based on jury demographics.
  • Might weaken environmental or corporate regulations if juries decide those laws are 'unfair' to businesses.
For Conservatives
  • Acts as a strong check against government overreach and tyrannical laws.
  • Empowers local citizens on the jury over state bureaucrats and lawmakers.
  • Allows juries to acquit individuals charged with violating laws that infringe on constitutional rights, such as the Second Amendment.
  • Undermines the rule of law and the strict interpretation of criminal statutes.
  • Could lead to chaos in the judicial system if juries routinely ignore established criminal laws.
  • Might allow guilty criminals to go free if they can successfully manipulate a jury's emotions regarding a law.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 6 additions

RESOLVED, That a majority of all members elected to each house of the general assembly voting therefor, the following amendment to the Constitution of the State be proposed to the qualified electors of the state in accordance with the provisions of Article XIV of the Constitution for their approval and that it adds an additional section to Article I, which is hereby amended, effective January 1, 2028, to read as follows:

SECTION 25. Jury nullification as proper criminal trial defense argument. A criminal defendant shall, as a matter of right, have the right to argue that the jury, during its deliberations, should take into consideration, not just the law, but the facts, the nature of the charge and whether the law, which the defendant has been charged with violating, is morally repugnant, outdated or unfair to the citizenry and those accused of violating the law, or that the subject criminal law charged is unconstitutional.

RESOLVED, That the said proposition of amendment shall be submitted to the electors for their approval or rejection at the next statewide general election. The voting places in the several cities and towns shall be kept open during the hours required by law for voting therein for general officers of the state; and be it further

RESOLVED, That the Secretary of State shall cause the said proposition of amendment to be published as a part of the resolution in the newspapers of the state prior to the date of the said meetings of the said electors; and the said proposition shall be inserted in the warrants or notices to be issued previous to said meetings of the electors for the purpose of warning the town, ward, or district meetings, and said proposition shall be read by the town, ward, or district meetings to be held as aforesaid; and be it further

RESOLVED, That the town, ward, and district meetings to be held as aforesaid shall be warned, and the list of voters shall be canvassed and made up, and the said town, ward, and district meetings shall be conducted in the same manner as now provided by law for the town, ward, and district meetings for the elections of general officers of the state.