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HR 5386

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

2025 Regular Session Introduced by Cherie Cruz and 9 co-sponsors

Overview: HR 5386, a joint resolution to approve and publish a proposed constitutional amendment on jury nullification, has been recommended for further study by the committee.Purp

02/27/2025 Committee recommended measure be held for further study
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Bill Summary · HR 5386

Overview: HR 5386, a joint resolution to approve and publish a proposed constitutional amendment on jury nullification, has been recommended for further study by the committee.

Purpose and Intent: The resolution seeks to amend the U.S. Constitution to explicitly recognize jury nullification as a proper trial defense argument. Jury nullification is the process by which a jury acquits a defendant, even if the evidence suggests the defendant is guilty, because the jury believes that the law itself is unjust or that its application in the case would be unjust.

Key Provisions:
- Proposes a constitutional amendment to affirm the right of juries to nullify laws they deem unjust
- Requires the amendment to be published and submitted to the states for ratification if approved by Congress

Affected Parties and Impacts: The proposed amendment would primarily impact criminal defendants, juries, and the judicial system. If enacted, it would give juries broader discretion to acquit defendants based on their own assessment of the law, rather than strictly on the evidence presented. This could lead to more acquittals in cases where juries believe the law or its application is unjust, but it could also introduce more uncertainty and inconsistency in the criminal justice process.

Procedural and Timeline Considerations: The joint resolution has been recommended for further study by the committee, indicating that additional review and deliberation is needed before it can proceed through the legislative process. The resolution must still be approved by both chambers of Congress and then ratified by three-fourths of the states before it could become a constitutional amendment.

Compiled from official sources — confirm details with the bill’s official record.

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