Jury Nullification
Forums › General Discussion › Jury Nullification-
Just so you know, for the next time you're on a jury...
A jury can rule not guilty EVEN if the person has broken the law or the judge tells them to rule otherwise, basically if a jury believes a law is unjust or the crime was permissible, even if he or she committed said crime, the jury can rule not guilty.
Just a cool constitutional right.
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My young friend, jury nullification has nothing to do with "rights," constitutional or otherwise.🔨
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"Jury nullification is a constitutional doctrine which allows juries to acquit criminal defendants who are technically guilty, but who do not deserve punishment. It occurs in a trial when a jury reaches a verdict contrary to the judge's instructions as to the law.
A jury verdict contrary to the letter of the law pertains only to the particular case before it. If a pattern of acquittals develops, however, in response to repeated attempts to prosecute a statutory offence, this can have the de facto effect of invalidating the statute. A pattern of jury nullification may indicate public opposition to an unwanted legislative enactment."
-Wikipedia -
Holy horse dip Horace. Wikipedia says that jury nullifulli is a constitutional doctrine so it must be so!
Not.👎
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OneThumbBastard wrote:
Then what is it?My young friend, jury nullification has nothing to do with "rights," constitutional or otherwise.🔨
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In the American judicial system, when a jury is empaneled, the judge serves as the "trier of law" and the jury serves as the "trier of facts." This means the judge resolves issues of law in the case and the jury determines the facts.
Jury nullification occurs when a jury knowingly and deliberately rejects the weight of the evidence or refuses to apply the law as instructed by the judge either: A) because the jury wants to send a message about some social issue that is larger than the case itself; or, B) because the result dictated by law is contrary to the jury's sense of justice, morality, or fairness.
Jury nullification is a discretionary act. It is not a legally sanctioned function of a jury. In fact, it is considered to be inconsistent with the jury's duty to return a verdict based solely on the law and the facts of the case. A jury does not have a right to nulification, and counsel is not permitted in any jurisdiction in the US to present the concept of jury nullification to a jury.
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In the criminal justice system, the people are represented by two separate yet equally important groups: the police, who investigate crime; and the district attorneys, who prosecute the offenders. These are their stories.
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Tom Servo👊🔨💀 wrote:
*law and order theme tune... ACTIVATE*In the criminal justice system, the people are represented by two separate yet equally important groups: the police, who investigate crime; and the district attorneys, who prosecute the offenders. These are their stories.
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Tom Servo👊🔨💀 wrote:
Bum ba da da da dum, dum.In the criminal justice system, the people are represented by two separate yet equally important groups: the police, who investigate crime; and the district attorneys, who prosecute the offenders. These are their stories.
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OneThumbBastard wrote:
True it is not in the constitution, but It was built into the structure of our system, allowing its effective use. How is that not a right of the jury?Holy horse dip Horace. Wikipedia says that jury nullifulli is a constitutional doctrine so it must be so!
Not.👎
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Unless your suggesting it's an exploit, in which case I'd hope nick resets the entire jury.
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~ Ƒızzøƞɛ ~ 🅱🅾🅰 wrote:
A right is established by law. Jury nullification involves disobedience to law and the oath all jurors take when they accept jury service. End of discussion.🔨OneThumbBastard wrote:
True it is not in the constitution, but It was built into the structure of our system, allowing its effective use. How is that not a right of the jury?Holy horse dip Horace. Wikipedia says that jury nullifulli is a constitutional doctrine so it must be so!
Not.👎
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Meh
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The Soldier wrote:
I'm too dumb to follow this.Meh
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Rights are established by law, law is established by precedent, and precedent allows for jury nullification. If it was not within a jury's right to do so, law would prohibit it. It's just not an acceptable legal defense.
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I'm sure OTB's law school and experience has taught him more than what you people are reading from google.
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~ Ƒızzøƞɛ ~ 🅱🅾🅰 wrote:
In America, laws derive from Constitutions, both State and Federal. Constitutions create both the legislature and judiciary. Legislatures pass laws, including those which establish the jurisdiction under which various courts operate. The judiciary interprets and applies the law, both in terms of statutory and common law.Rights are established by law, law is established by precedent, and precedent allows for jury nullification. If it was not within a jury's right to do so, law would prohibit it. It's just not an acceptable legal defense.
Nowhere in American law is there any precedent which supports, let alone authorizes, jury nullification.
There is an old saying about lawyers in America: if the law supports your case, scream the law; if the facts support your case, scream the facts; and, if neither the law nor the facts support you, just scream. Jury nullification is for this third category of lawyers.👎
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OneThumbBastard wrote:
😳😱😏😂😂😂😂😂😂😂😂Holy horse dip Horace. Wikipedia says that jury nullifulli is a constitutional doctrine so it must be so!
Not.👎
My heart burst. -
Don't forget, OTB, there are many unconstitutional laws in this nation. In fact, the Supreme Court is looking at one now. Laws are derived from a constitutionally created process...not always the constitution itself.
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Dino Marchetti wrote:
Yes, the radical judicial activism of the most conservative Supreme Court in US history will be on full display, I'm sure.Don't forget, OTB, there are many unconstitutional laws in this nation. In fact, the Supreme Court is looking at one now. Laws are derived from a constitutionally created process...not always the constitution itself.
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Speaking of jury... I'm on jury duty. Boring as hell, right?
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ҜƊǷ wrote:
Tomorrow, show up naked. That'll kill the boredom. Trust me.😁Speaking of jury... I'm on jury duty. Boring as hell, right?
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OneThumbBastard wrote:
Both conservative and liberal courts have struck down laws. I believe we disagree on the federal govt's ability to twist the interstate commerce clause.Dino Marchetti wrote:
Yes, the radical judicial activism of the most conservative Supreme Court in US history will be on full display, I'm sure.Don't forget, OTB, there are many unconstitutional laws in this nation. In fact, the Supreme Court is looking at one now. Laws are derived from a constitutionally created process...not always the constitution itself.
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