Elizabeth Barrette (ysabetwordsmith) wrote,
Elizabeth Barrette
ysabetwordsmith

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Jury Nullification

 Know your rights: If you are serving on a jury, and you believe the law is unjust, then you can choose to release the defendant regardless of the evidence.  The justice system works very hard to prevent people from knowing this.  Spread the word, because it's a vital part of producing actual justice.

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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I wonder how many end up in contempt for talking about it?
That has happened too, more than once. People have also been arrested for talking about it in or near a courthouse, so much for that "freedom of speech" thing.
I'm very confused on how it's possible to arrest or charge someone for talking about a lawful option...Not saying it doesn't happen, mind you, just wondering how it is possible to justify it, i guess this is a 'my brain just exploded' situation.
It's a straightforward abuse of power, based on people in power wanting to keep it for themselves. They can and do trump up charges. "Disturbing the peace" and "Obstructing justice" are typical. "Contempt of court" just means you pissed off the judge and he can punish you for annoying him. These charges are sometimes, but not always, thrown out or overturned because it's obvious that someone wasn't breaking the law. The main idea is the create a chilling effect on spreading information about jury nullification. Just the charges do that quite well; it isn't necessary for all or even most of them to end in fines or jail time.
Yeah, see, we don't live in a free country anymore. We only have the illusion of freedom. USA is now a fascist oligarchy pretending to be otherwise. But there's rampant corruption. A week doesn't go by when I don't hear at least one case of police brutality. A woman recently got arrested for trying to escape a gang rape, then the cops locked her to this torture chair and tortured and scalped her. There's video proof and everything.

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.
Interesting. We'll remember this.
This could come in handy if you're a male supremacist and you're on the Elliot Rodger jury. This was used in the South in the 1950s and 1960s to protect whites who killed civil rights workers.

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.
>> This could come in handy if you're a male supremacist and you're on the Elliot Rodger jury. This was used in the South in the 1950s and 1960s to protect whites who killed civil rights workers. <<

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

mount_oregano

May 26 2014, 18:49:14 UTC 7 years ago Edited:  May 27 2014, 06:45:36 UTC

The courts have held that it is not legal. Here is one of several decisions:

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

The law says that we can execute a convicted criminal, even if we knew, factually, that the person was innocent.

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.
From what I've heard, jury nullification isn't a legal concept per se, but a consequence of a jury system and the Fifth Amendment's protection against double jeopardy. The jury can't be forced to reach a guilty verdict, and an acquitted defendant can't be retried.

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.

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