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Jury Nullification (This is a great read.)


Bassin' 'Round

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Holy {censored}. I agree with iualum on something. Mark the date.

 

The first example in that story seems weird though... did the judge bar the defense from mentioning that weed was being grown for medical purposes, or from mentioning jury nullification?

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Originally posted by takeout

Holy {censored}. I agree with iualum on something. Mark the date.


The first example in that story seems weird though... did the judge bar the defense from mentioning that weed was being grown for medical purposes, or from mentioning jury nullification?

 

So why do judges continue to get jury nullification wrong? Many point to an 1895 case in which the Supreme Court ruled that judges aren't obligated to tell jurors of their power to nullify bad law. Some have wrongly interpreted that decision to invalidate the doctrine of jury nullification altogether. They're mistaken.

I doubt that the common person (that never studied law) is even aware of nullification, i wasn't till I opened this thread...well i had heard of it but thats it.

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A couple weeks ago I sat in a jury, but the jury was SCRUPULOUSLY screened for anyone that would render anything other than a 'guilty' verdict (even the public 'defender'.) They booted my Libertarian juror #12 self out of there. Didn't leave me with a whole lot of respect for the system as it stands.

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Originally posted by takeout

Holy {censored}. I agree with iualum on something. Mark the date.


The first example in that story seems weird though... did the judge bar the defense from mentioning that weed was being grown for medical purposes, or from mentioning jury nullification?

Judges frequently bar attorneys from mentioning jury nullification. In this case, it seemed to me that the attorney was barred from mentioning that the defendant was growing the marijuana for the city.

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Originally posted by lug

I know one guy that gets called for jury duty almost once a year. When they question him he asks about Jury nullification. They get him out of there as quickly as they can.

And so another jury doesn't get to hear about it.

 

For me, justice must take precedence over convenience.

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These are egregious sentences and bad examples of justice gone wrong BUT Jury Nullification was also used in America for Centuries in instances when murders or lynchings were committed. Thousands of Blacks, poor whites, Mexicans and Native Americans were killed over the centuries and their killlers set free by this self same jury nullification. See the case of Emmitt Till. That's why they had to start trying people for violations of the victims civil rights because often, far too often, locals would not convict the police or thier neighbors of killing that injin, nigger, wetback or sod buster.

 

Da Worfster :(

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Originally posted by isaac42

And so another jury doesn't get to hear about it.


For me, justice must take precedence over convenience.

 

 

Oh he WANTS to serve, he is just "excused" very quickly. he first thing they usually ask is if he is a lawyer. Once they find out he isn't, out he goes.

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Originally posted by lug



Oh he WANTS to serve, he is just "excused" very quickly. he first thing they usually ask is if he is a lawyer. Once they find out he isn't, out he goes.

If he wants to serve, why does he ask about jury nullification, knowing it will get him excused?

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Originally posted by isaac42

If he wants to serve, why does he ask about jury nullification, knowing it will get him excused?

 

Because he doesn't believe it should be a "secert". He usually will bend all the other juror's ears about it as much as he can. I'm sure it gives the other jurors a unique perspective on how the lawyers and judge view themselves a bit "above" the common juror. You might call it an "agenda" for him. :D

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Originally posted by lug



Because he doesn't believe it should be a "secert". He usually will bend all the other juror's ears about it as much as he can. I'm sure it gives the other jurors a unique perspective on how the lawyers and judge view themselves a bit "above" the common juror. You might call it an "agenda" for him.
:D

And as a result, he gets sent home, the other jurors are told he's wrong, and no progress is made. He's not serving his agenda, unless it's not to serve on jury duty.

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Originally posted by isaac42

And as a result, he gets sent home, the other jurors are told he's wrong, and no progress is made. He's not serving his agenda, unless it's not to serve on jury duty.

 

He serves his agenda by pointing out the irregularities of the court. He may not get to serve but he makes the point that the jury is supposed to be the one in charge, not the judge or lawyers. From a pratical standpoint, he is probably not convincing enough jurors to make a difference and in that light he fails. Same reason I don't vote Libertarian in a close race. :D

Another guy I know that gets called often and always excused and once asked why. He found out his engineering profession is almost an automatic strike off a jury. Seems the side with the weaker case doesn't like having people who are too "logical" and can't be swayed with emotion on the jury.

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Originally posted by lug



Another guy I know that gets called often and always excused and once asked why. He found out his engineering profession is almost an automatic strike off a jury. Seems the side with the weaker case doesn't like having people who are too "logical" and can't be swayed with emotion on the jury.

 

 

 

I'm in that category too. Last time I was selected to be on a jury, I was the first one the defense kicked off. I've heard this from other engineers too.

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Originally posted by isaac42

Even a clock that is broken is right twice a day.


Unless it's digital...

 

 

A clock that is stopped is right twice a day. A clock that runs a littls slow (like fox news) is almost never right.

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Originally posted by bholder



A clock that is stopped is right twice a day. A clock that runs a littls slow (like fox news) is almost never right.

Twice a day is no better, when you don't know exactly when it's right.

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