Topic: San Diego Mayor urges jury nullification | |
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http://www.nbcsandiego.com/news/local/Filner-Urges-Jury-Nullification-In-Medical-Pot-Dispensary-Case-208246501.html#ixzz2TwAWNTQc Prohibition has NEVER worked! One comment states "It has long since stopped being a war on drugs and has become a war on people!" I agree! NULLIFY! |
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Seriously?
The job of a jury is to determine whether or not someone violated a law, not to determine whether or not a law should be enforced. |
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Edited by
Conrad_73
on
Tue 05/21/13 12:48 PM
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Jury Nullification
If the federal government does intervene in Colorado and Washington, then the people can also resort to jury nullification as a legal remedy. Jury nullification occurs when a jury, after hearing a court case, finds a defendant not guilty, even when they believe the defendant actually committed the crime. Jury nullification can occur either when the jury disagrees with the law in question or they believe that it should not be applied in a particular case. Therefore, people can make a law invalid if juries routinely apply jury nullification to the prosecution of crimes based on that law. Basically, if juries know they have the right to nullify a law, and that if many juries consider the law unwanted, unjust, or unconstitutional, then the law becomes de facto repealed. There is a great deal of debate over jury nullification. The State would like to see jury nullification prohibited, however, they have thus far been unsuccessful. Short this power, jurors are prevented from learning their rights, in most jurisdictions. The court does this by preventing defense attorneys from discussing nullification with the jury and by giving instructions to juries that only vaguely hint at the possibility of nullification. Judges often bully juries to make their decisions based on the established laws of the state, rather than on whether a true crime has been committed. In contrast, some legal scholars note that nullification has long been a right of juries. This right is supported by common law and legal precedent. The problem has been that juries are not informed of this right. However, there have been developments that suggest that jury nullification is making a comeback in the battle against big government. In 2012, New Hampshire passed a law that permits defense attorneys to inform juries of their rights to nullification. This is a good sign, although it is unclear how many juries have become “informed” as a result. Legal expert Timothy Lynch considers the law an improvement, but that it is too weak to be considered a full remedy for the rights of defendants and juries. J.D. Tuccille has pointed out that there has been a sharp increase in the number of “hung jury” trials in the United States, and the evidence suggests the increase is the result of de facto jury nullification. If that is the case and people are nullifying laws in large numbers across the country—and are unaware that they have a right to do so—then that is a very good sign. It means that a large and growing number of Americans recognize that their government and certain laws are corrupt and immoral and they are willing to disregard jury instructions from a judge. If the people of Colorado and Washington wisely use the power of jury nullification to protect otherwise law abiding consumers, growers, and distributors, the Federal government would be stripped of its power in that area. Moreover, such developments would spread the news about the power of jury nullification and we would once again reestablish a powerful antidote to big invasive government. Actually it is within the Legal Powers of a Jury! |
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Edited by
Sojourning_Soul
on
Tue 05/21/13 12:46 PM
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Seriously? The job of a jury is to determine whether or not someone violated a law, not to determine whether or not a law should be enforced. That is the biggest bunch of BS I have heard in a long time! Don't bother reading much huh? Tell that to the Mayor! |
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