[Peace-discuss] on Jury Nullification
E. Wayne Johnson
ewj at pigs.ag
Tue Jun 10 16:04:21 CDT 2008
The Fully Informed Jury Association/American Jury Institute
<http://www.fija.org>
has a lot of resource materials. Check it out.
Jenifer Cartwright wrote:
> Yeah, it'd have to be really subtle...
>
> */"John W." <jbw292002 at gmail.com>/* wrote:
>
>
> On Mon, Jun 9, 2008 at 11:43 PM, Jenifer Cartwright
> <jencart13 at yahoo.com <mailto:jencart13 at yahoo.com>> wrote:
>
> I guess the trick would be for the defense lawyer to
> educate the jury AFTER they're selected and the trial is
> underway.
>
> This won't be allowed by the judge.
>
>
>
> If members of the jury let on before they're
> selected that they're open to nullification, the
> prosecuting attorney won't accept them. Looks like The
> System wins again :-(
>
> Wow, Arlo Guthrie got old! Guess */Alice's Restaurant/*
> came out quite awhile ago, huh. He still sings and plays
> purty durn good.
> --Jenifer
>
> */ewj at pigs.ag <mailto:ewj at pigs.ag>/* wrote:
>
> Randall,
> Thanks for referencing the Wikipaedia --- Note the
> following ---
>
> "I consider trial by jury as the only anchor yet
> imagined by man by which a government can be held to
> the principles of its constitution."
> -- Thomas Jefferson.
>
> During Prohibition, juries often nullified alcohol
> control laws, possibly as often as 60% of the time.
> This resistance is considered to have contributed to
> the adoption of the Twenty-first amendment repealing
> the Eighteenth amendment which established Prohibition.
>
> In the 21st century, many discussions of jury
> nullification center around drug laws that some
> consider unjust either in principle or because they
> are seen to discriminate against certain groups.
>
> A jury nullification advocacy group estimates that
> 3-4% of all jury trials involve nullification, and a
> recent rise in hung juries is seen by some as being
> indirect evidence that juries have begun to consider
> the validity or fairness of the laws themselves.
>
> *
> The facts are that JURORS HAVE THE RIGHT TO ASSESS THE
> APPLICABILITY OF THE LAW, and
> further that the JUDICIAL SYSTEM DOES NOT WANT THE
> PEOPLE TO HAVE THIS INFORMATION,
> because it would interfere with the power and the
> profits of the Legal-Judicial-Penal Industrial Complex,
> which has become a very big business indeed.
>
> There is absolutely no doubt that impoverished people
> and minorities do not receive the same treatment by
> the under the law as do rich people, and elites, and
> whites. This is a terrible injustice in our nation and
> in our communities.
>
> If enough good people learn about Jury Nullification
> and the fact that so many American citizens have been
> imprisoned for non-violent offenses, there could be a
> dramatic reduction in prosecutions and eventual
> overturning of unjust laws and a reduction in unfair
> law enforcement.
>
> These film clips from the 1990's are from an old TV
> show where Jury Nullification is discussed.
>
> http://www.youtube.com/watch?v=pA4GKG__B-s
> http://www.youtube.com/watch?v=tRdse8zBzyI
> http://www.youtube.com/watch?v=jbw8rF_hA9I
>
> And some entertainment - Arlo Guthrie
> http://www.youtube.com/watch?v=b8DtpdXZi0M
>
>
>
> ------------------------------------------------------------------------
>
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