Conversely, if you need to get out of jury duty, tell them that you know about jury nullification and plan to inform all the other summoned jurors. People are routinely kicked out of courthouses for talking about it.
Jury Nullification
Conversely, if you need to get out of jury duty, tell them that you know about jury nullification and plan to inform all the other summoned jurors. People are routinely kicked out of courthouses for talking about it.
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May 25 2014, 19:36:34 UTC 7 years ago
Yes...
May 25 2014, 19:47:05 UTC 7 years ago
May 25 2014, 20:29:20 UTC 7 years ago
Well...
May 25 2014, 21:14:17 UTC 7 years ago
May 26 2014, 02:06:47 UTC 7 years ago
Then there's the woman who got raped by a cop, and that same cop arrested her and now she's in jail for "resisting arrest" or some other bullshit. She's never done anything wrong in her life, and now she's in jail for imaginary reasons and her rapist hasn't been punished at all, nor has there even been an inquiry. Hell for all I know they may have promoted him; nothing would surprise me anymore.
It's to the point now where even seemingly good Democrats are working with the rich oligarchy, and even President Obama is complicit in bombing brown children for oil to fuel the capitalist hegemony's war machine. And nobody cares about that, or not enough people anyway, for the same reason that nobody cares that the NSA is spying on us all: gotta have the latest fucking gadget!
Well we wanted to know who would be right, Orwell or Huxley, and it looks like we're getting a hybrid of both.
May 26 2014, 04:33:33 UTC 7 years ago
May 26 2014, 18:18:37 UTC 7 years ago
It's a double-edged sword. Jury nullification can produce actual injustice.
Judges, and lawyers are sworn to uphold the law, and this is why they do not instruct jurors to break the law. And when people conspire to break the law, this is not the same as freedom of speech, and they can be arrested for it.
If you don't like a law, I recommend more above-board ways to try to change it, one that involves all the citizenry.
Thoughts
May 26 2014, 18:32:25 UTC 7 years ago
Yes, that can happen. We have yet to devise any system that does not generate problems as soon as human beings are added to it.
>> Judges, and lawyers are sworn to uphold the law, and this is why they do not instruct jurors to break the law. <<
Jury nullification is legal.
>> If you don't like a law, I recommend more above-board ways to try to change it, one that involves all the citizenry. <<
I prefer rational, legal solutions to problems. However, if those are placed out of reach, then people will find other means. Right now the people in power are heavily vested in ignoring the citizens and depriving them of influence over what happens. It is therefore necessary for citizens to work on changing that with the tools that remain in their reach.
Re: Thoughts
May 26 2014, 18:49:14 UTC 7 years ago Edited: May 27 2014, 06:45:36 UTC
A jury has no more "right" to find a "guilty" defendant "not guilty" than it has to find a "not guilty" defendant guilty, and the fact that the former cannot be corrected by a court, while the latter can be, does not create a right out of the power to misapply the law. Such verdicts are lawless, a denial of due process and constitute an exercise of erroneously seized power. ... Inasmuch as no juror has a right to engage in nullification -- and, on the contrary, it is a violation of a juror's sworn duty to follow the law as instructed by the court -- trial courts have the duty to forestall or prevent such conduct....
-- United States Court of Appeals, Second Circuit. - 116 F.3d 606
Argued Nov. 14, 1996. Decided May 20, 1997
May 28 2014, 02:53:13 UTC 7 years ago
The law is not justice, and should not be used in opposition to justice.
In times in which the state refuses to protect justice, the citizenry must. Jury nullification is not the best choice, and it's certainly not an unfettered good, but it's a necessary tool.
May 27 2014, 15:25:15 UTC 7 years ago
I've talked to a few lawyers who didn't believe it was a deliberate and intended concept - which doesn't invalidate it. The state uses the powers granted it by technicalities all the time.