Jury Nullification

[Opie58]

Here is an interesting topic for discussion.  What are your feelings about a long historical standing practice being hidden by our judicial system since about the late 1800s?  Read this article to get you going - http://www.nytimes.com/2011/11/28/nyregion/brief-details-jury-nullification-case-against-julian-heicklen.html.  Should be fun.   

[IrrX]

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.

[Opie58]

http://en.wikipedia.org/wiki/Jury_nullification_in_the_United_States

I am appalled how our judicial system, including the US Supreme Court, who are to uphold the Constitution, are so blatantly opposed to any mention of a Jury’s right to nullify in their decision when weighting their decision on a case, to include now being removed from a jury if you should even consider the idea during deliberation.  Is this not the type of America our Founders fought against with England over 200 years ago, and that Jefferson warned about?

[Julie Fern]

opie, you ever ask andy?

[sollicitus]

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.

An officer of the court has time to moderate? Dang, that must be a nice firm to work for. They offer dental?

[jack24]

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.

[sollicitus]

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.

I love the laws that allow people to sue the owner of the vehicle when their feminine hygiene product friend does something stupid with it that they didn't give permission for and were no even aware of other than the fact that they thought the friend needed to use it to get to work and back (and nothing else)

[Opie58]

opie, you ever ask andy?

Andy???

[Julie Fern]

[sigh.]  who only famous opie?

[Opie58]

[sigh.]  who only famous opie?

Cute!!!  You got me.