[Peace-discuss] More differential application of SYG

[Laurie Solomon]

It is an interesting strategy; but like most strategies that might be 
theoretically effective to some degree, I doubt = practically speaking - 
that one would find the numbers of people needed to actually engage in the 
strategy to make it effective.  I further think that once the establishment 
caught on they would implement much stricter screening of jurors and 
definitions of who should make up the jury pool as well as easing the number 
of jurors needed to establish a verdict.  Given the recent trend toward 
juries with fewer members (i.e., from 12 to 6), changing the rules from 
needing total agreement to reach a verdict to some lesser number would 
either defeat the success of the strategy in most cases; if a mistrial took 
place, it would result in placing the defendant in limbo and jailed until a 
trial could be had in which a verdict was reached, which in effect would 
mean indefinite incarceration that would serve the establishment's original 
intent.

-----Original Message----- 
From: C. G. Estabrook
Sent: July 18, 2013 9:59 AM
To: "E. Wayne Johnson 朱稳森"
Cc: Laurie Solomon ; Peace-discuss List ; ocCUpy
Subject: Re: [Peace-discuss] More differential application of SYG

David Simon, the creator of The Wire:

"In an essay published [in 2008] in Time magazine, the writers of The Wire 
made the argument that we believe the war on drugs has devolved into a war 
on the underclass, that in places like West and East Baltimore, where the 
drug economy is now the only factory still hiring and where the educational 
system is so crippled that the vast majority of children are trained only 
for the corners, a legal campaign to imprison our most vulnerable and 
damaged citizens is little more than amoral. And we said then that if asked 
to serve on any jury considering a non-violent drug offense, we would move 
to nullify that jury’s verdict and vote to acquit. Regardless of the 
defendant, I still believe such a course of action would be just in any case 
in which drug offenses—absent proof of violent acts—are alleged."

<http://www.slate.com/content/slate/blogs/browbeat/2011/03/10/david_simon_creator_of_the_wire_speaks_on_felicia_snoop_pearson_s_arrest.html>

On Jul 18, 2013, at 9:46 AM, "E. Wayne Johnson 朱稳森" <ewj at pigsqq.org> wrote:

> The Jury is the last line of defence of the People against the State.
> The Jury can Nullify bad laws.
>
> In the present situation in the US, it should be clear to all that the 
> State
> is one of the most effective tools of the 1%.
>
> The Jury is one of the few remaining ways in which the People, accused,
> can escape from the grasp of the State (and the 1%, who are the prime 
> benefactors
> of the state).
>
> One can't say that Occupy! has gone home and hid because they all got 
> tired.
> They went home because the 1%, particularly the banksters, doesnt like 
> Occupy!,
> and used the authority of the State to clear Occupy! out.
>
> The 1%, because some of Occupy! members really do love Big Sibling,
> have also been able to co-opt Occupy! into support of policies that
> are either neutral, relatively harmless, or beneficial to the 1%.
>
> Far better that Occupy! and the co-opted Left wear themselves out
> going round and round on an Penrose-Escher staircase than to
> actually go after the man behind the curtain, get him by the toe,
> and make him holler.
>
>
> On 07/18/13 22:15, C. G. Estabrook wrote:
>> 'This' refers to the jury system.
>>
>> On Jul 18, 2013, at 12:23 AM, Laurie Solomon
>> <ls1000 at live.com>
>>  wrote:
>>
>>>   The point is almost a truism and the same can be said for a non-jury 
>>> system although the benefits may not always be identical; but I do fail 
>>> to see why one has to invoke or quote William Kunstler to make the 
>>> point.  His statement make the point in a highly obtuse way when just 
>>> saying "that the jury system retains values that occasionally benefit 
>>> even enemies of the state" is a much more pointed and clearer 
>>> articulation of the point.
>>>
>>> As for your statement, "For an account of how this and other hard-won 
>>> peoples' victories are being destroyed in the 21st c. by the minions of 
>>> the 1%, see Peter Linebaugh, "The Magna Carta Manifesto: Liberties and 
>>> Commons for All" (Cal UP 2008),"  I have no idea what the reference of 
>>> the "this" in "how this and other hard-won peoples' victories...." is. 
>>> Does it refer to "the jury system," "the retained values," "the 
>>> occasional benefits it furnishes to even enemies of the state," all of 
>>> the above, or some combination of the above?  Or are you saying that 
>>> this publication gives an account of how " the jury system retains 
>>> values that occasionally benefit even enemies of the state" is a hard 
>>> won people's victory which is being destroyed by the minions of the 1%.
>>>
>>> -----Original Message----- From: C. G. Estabrook
>>> Sent: July 17, 2013 9:22 PM
>>> To: Laurie Solomon
>>> Cc: Peace-discuss List ; ocCUpy
>>> Subject: Re: [Peace-discuss] More differential application of SYG
>>>
>>> The point is that the jury system retains values that occasionally 
>>> benefit even enemies of the state.
>>>
>>> For an account of how this and other hard-won peoples' victories are 
>>> being destroyed in the 21st c. by the minions of the 1%, see Peter 
>>> Linebaugh, "The Magna Carta Manifesto: Liberties and Commons for All" 
>>> (Cal UP 2008).
>>>
>>> And in this campaign Neoliberalism seems sometimes to be aided by 
>>> well-meaning Liberals.
>>>
>>>
>>> On Jul 17, 2013, at 11:33 AM, Laurie Solomon
>>> <ls1000 at live.com>
>>>  wrote:
>>>
>>>> I find it interesting, telling, and disappointing that you feel little 
>>>> or no restraint in falling back on the use of racist terms, such as”Chink,” 
>>>> and terms colored by a biased and emotion-invoking spin, e.g., the 
>>>> “injustice” system when you could just as easily engaged in a rational 
>>>> civil discussion without having employing those tactics.   I also find 
>>>> that many of your posts of recent on this and other topics have tended 
>>>> to become very disjointed and elliptical, making them hard to follow 
>>>> and understand.  I attribute some of this to your use of your iPhone 
>>>> and in part to your attempt to multi-task in which you are giving 
>>>> little attention to any of the tasks you are performing but feel 
>>>> compelled to respond even if you cannot give the time to any detail.
>>>>
>>>> While I am not a big fan of CGE, I am going to give him the benefit of 
>>>> the doubt here and assume that he was not focusing on invoking William 
>>>> Kunstler as much as invoking the Counterpunch article that he supplied 
>>>> a link to which does invoke Kunstler’s remark as an occasion for 
>>>> articulating the points of the article.  Personally, I fail to see what 
>>>> Kunstler’s comments or positions (actual or presumptively attributed to 
>>>> him) on the jury system or ALEC orchestrated reforms have to do with 
>>>> anything.  To do what a lot of people – including myself – seem to be 
>>>> doing these days, I will ask a counterfactual question:  What if 
>>>> Kunstler has said that he had no opposition to  and even supported the 
>>>> ALEC orchestration of reforms of the judicial system and SYG; how would 
>>>> that change anything including your position?  I would suggest that it 
>>>> would not change anything and even suggest that the cognitive 
>>>> dissonance that this would create would result in his comments being 
>>>> dismissed
>>>> as irrelevant, senile, or misinformed.  It is for that reason that I 
>>>> think invoking Kunstler or his comments is a distracting irrelevancy 
>>>> and totally unnecessary.
>>>>
>>>> From: Paul Mueth
>>>> Sent: July 17, 2013 6:15 AM
>>>> To: Peace-discuss List
>>>> Cc: ocCUpy
>>>> Subject: [Peace-discuss] More differential application of SYG
>>>>
>>>> The injustice system is rigged, another case in point
>>>>
>>>>
>>>> http://mobile.thegrio.com/thegrio/#!/entry/71yearold-black-man-found-guilty-of-manslaughter-jury-rejects-stand,5124f9c5d7fc7b56703b5d2f
>>>>
>>>>
>>>> The Alternet article I circulated at the beginning of this string has 
>>>> the stats on how the Florida SYG is applied depending on the race of 
>>>> the stander.
>>>>
>>>> William Kunstler invoked by CGE on the jury system would be 
>>>> fundamentally
>>>> opposed, I'm sure, to the ALEC orchestrated "reforms" of the judicial 
>>>> system, of which SYG is only one. And I guess perhaps the most deadly, 
>>>> at least in terms of individuals.
>>>>
>>>>
>>>> (Their tort reforms effectively releasing big Pharma further from 
>>>> liability could possibly cause more damage in the long run, societally. 
>>>> . . )
>>>>
>>>> Sent from my iPhone 3GS, It doesn't chat!


_______________________________________________
Peace-discuss mailing list
Peace-discuss at lists.chambana.net
https://lists.chambana.net/mailman/listinfo/peace-discuss