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1 steve_davis  Apr 5, 2014 10:55:01am

jury nullification is hardly a “far right” concept. It is one of the most basic and powerful tools that juries have to limit lawmakers and prosecutors who go off on inquisitions or vendettas. And it was adamantly supported by folks like John Adams, who wrote about it and were strongly in favor of it. In fact, one of the reasons why we have “jury by peers” in this country is to ensure that jury nullification can be used by those who know an accused, or who live in the accused person’s part of the country and have an understanding of what may be perfectly reasonable (e.g. marijuana use) in that area, and hence not subject to draconian prosecutorial witch hunts.

2 CriticalDragon1177  Apr 5, 2014 11:07:52am

re: #1 steve_davis

Um no, sorry. People on juries are supposed to make their decisions based on the law, not whether or not they agree with the law. If you can’t do that, don’t be on a jury. End of story.

Determining the constitutionality of a law is for the state and federal supreme courts, not juries, and the fairness of the law is irrelevant when it comes to the courts’ decision.

3 Timothy Watson  Apr 5, 2014 3:39:58pm

re: #2 CriticalDragon1177

In United States v. Moylan, 417 F.2d 1002 (4th. Cir. 1969), Fourth Circuit Court of Appeal unanimously ruled: “If the jury feels that the law under which the defendant is accused is unjust, or exigent circumstances justified the actions of the accused, or for any reason which appeals to their logic or passion, the jury has the right to acquit, and the courts must abide that decision.”

en.wikipedia.org

4 sauceruney  Apr 5, 2014 6:15:55pm

re: #2 CriticalDragon1177

Right or wrong, if I’m ever on a jury and I feel a law is unjust or being unjustly applied, I’m going to acquit.

5 FemNaziBitch  Apr 6, 2014 8:12:13am

I haven’t read too much on Jury Nullification.

I will say I think there is a fine line on some topics. Like should a minor be sentenced to life in prison for non-violent drug offenses?

I don’t know how I’d behave if I were on such a jury.


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