New Hampshire criminal defense law operates within a dual framework shaped by the state's distinctive institutional culture: on one hand, the "Live Free or Die" libertarian tradition that has historically resisted government overreach; on the other, a politically conservative electoral environment that has maintained stringent criminal penalties for violent crime and drug offenses. The most consequential recent development in New Hampshire's criminal law was the abolition of the death penalty in May 2019 — when the NH Legislature passed HB 455, Governor Chris Sununu vetoed it, and both the House and Senate voted to override the veto. New Hampshire thereby became the first state in the United States to abolish capital punishment specifically by legislative override of a governor's veto. The last execution in New Hampshire occurred in 1939. The abolition eliminated the death penalty for capital murder (RSA 630:1-a) — replacing it with mandatory life without the possibility of parole.
New Hampshire's courts have no intermediate appellate tier — all criminal appeals from Superior Court convictions go directly to the five-justice New Hampshire Supreme Court. This structural feature of NH's judiciary means that the NH Supreme Court decides every significant criminal law question that reaches the appellate level, without the filtering layer that intermediate courts of appeals provide in Hawaii, West Virginia, or other states. New Hampshire's court structure for criminal cases: District Courts handle Class A and Class B misdemeanors; Superior Courts (one in each of the 10 counties — Hillsborough County having two branches, in Manchester and Nashua) handle felony indictments and jury trials. The NH Office of the Public Defender (OPD; RSA 604-B) provides indigent defense at both court levels.
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