The joint resolution introduced in the Rhode Island General Assembly proposes an amendment to the state constitution that would allow criminal defendants the right to argue jury nullification as a defense. Specifically, it would enable defendants to assert that juries, during their deliberations, should consider not only the law but also the facts of the case, the nature of the charges, and whether the law they are accused of violating is morally repugnant, outdated, or unfair to the citizenry, or if the law is unconstitutional. If approved by voters in the next general election, this amendment would take effect on January 1, 2027.
The resolution also outlines the process for submitting this proposed amendment to the electorate for approval, which includes the requirement for the Secretary of State to publish the amendment in local newspapers and ensure it is included in the notices for town, ward, or district meetings, in accordance with existing laws for state officer elections.