HB408 Alabama 2016 Session

Summary

Primary Sponsor

Thad McClammy

Democrat

Session

Regular Session 2016

Title

Criminal procedure, jury instructions

Summary

HB408 would require courts in criminal jury trials to inform juries of their right to judge the facts and the law, to post notices about that right in courthouses, and to impose penalties for non-compliance, while addressing related local-funding rules.

What This Bill Does

If enacted, the bill requires the defense in a jury trial to inform the jury of its right to judge the facts and how the law applies to those facts. It also requires prominent posting of this right in every courthouse and courtroom, and mandates judges to give a specific instruction about jury nullification. If the instruction is not given, it could trigger a mistrial and carry penalties for non-compliance, including a Class C misdemeanor with a mandatory minimum three-day jail sentence and potential impeachment for the judge. The bill also addresses how it interacts with the state’s local-funding amendment and sets an effective date after passage.

Who It Affects

• Defendants and their defense counsel in criminal cases, who would gain the explicit right to inform jurors about jury nullification and how the laws apply to the facts in controversy.
• Judges, court staff, and the court system statewide, who would be required to display the rights in courthouses, deliver a specific jury instruction, and could face penalties for non-compliance; the statute also restricts who may interpret it.

Key Provisions

• In all criminal cases tried before a jury, the court shall permit the defense to inform the jury of its right to judge the facts and the application of the law related to the facts in controversy.
• The right must be prominently displayed in every courthouse and courtroom in the state, and judges must instruct the jury with a specific passage about jury nullification and the jury's authority to determine the law's applicability to the facts.
• If the court fails to give the instruction, it shall result in a mistrial; failure to provide the instruction is a Class C misdemeanor with a mandatory minimum three-day jail sentence and is an impeachable offense; no state supreme or circuit judges may interpret this statute.
• The bill addresses constitutional amendments related to local funding, noting the bill is excluded from certain requirements because it defines a new crime or amends an existing crime, and it becomes effective on the first day of the third month after passage and approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Criminal Law and Procedure