As an officer of the court, it's a practice I cannot condone or even mention during the performance of my duties.As a citizen serving on a jury, if faced with a decision to nullify or hand down a decision I felt was unjust, I'd nullify in a heartbeat.
The jury nullification question very interesting to me because I had a defense attorney try nullification and I shut him down. I also got a nullification instruction into the jury instructions.some laws suck. In some states, you can lend someone your own property and then get arrested and convicted for damaging it while they are using it (if certain conditions are met)You can't be convicted of possession for having drugs in your system, but you can in most states for having residue.A baggie can be drug paraphernalia, even if there are no drugs in it.Should a juror ask the question: "Did the legislature really intend plastic bags to be considered drug paraphernalia? Sure, they were used to "contain" drugs, but the drugs were gone and you can't get arrested for having them in your system."Juror's aren't legislators, but I know that I would have a tough time of convicting someone on a baggie charge. I think Juries are stupid sometimes, but I think they usually get the right result.
opie, you ever ask andy?
[sigh.] who only famous opie?