Jury Nullification in action

  • 11 Replies
  • 1545 Views
*

Marcus Aurelius

  • 4546
  • My Alts: Tom Bishop, Gayer, theonlydann
Jury Nullification in action
« on: December 22, 2010, 05:42:40 AM »
http://www.huffingtonpost.com/2010/12/22/montana-jury-marijuana-mutiny_n_800074.html

It is for this reason that in America the people have the final say, not the government.  We need to remember that we are the final arbiters of the law, at least until they get rid of trials altogether.

In this case, we can see that this is the beginning of what could happen if support for marijuana laws in the U.S. continue to waver.  How can a law exist if more and more juries are unwilling to convict?


"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

*

theonlydann

  • Official Member
  • 24186
Re: Jury Nullification in action
« Reply #1 on: December 22, 2010, 06:13:21 AM »
Sadly, he still had to accept a plea deal.


*

Marcus Aurelius

  • 4546
  • My Alts: Tom Bishop, Gayer, theonlydann
Re: Jury Nullification in action
« Reply #2 on: December 22, 2010, 06:40:20 AM »
True, but I don't think he was compelled to.  He could have rejected it which would have prompted the judge to keep looking for a jury.  Im sure they would have eventually found it, however as I said, this is only the beginning.  If support keeps on wavering for these laws we could potentially see a situation similar to what was seen in the 1850's, where northern juries refused to convict fugitive slaves for escaping their captivity in the south and fleeing north.  Hopefully in the case of marijuana it wont result in a civil war (there were many other factors in play other than jury nullification).

*

Saddam Hussein

  • Official Member
  • 35374
  • Former President of Iraq
Re: Jury Nullification in action
« Reply #3 on: December 22, 2010, 03:52:25 PM »
This really isn't jury nullification, because they weren't actually on a jury yet.  Jury nullification is when an already sworn-in jury decides to throw out the law when making their decision, thereby breaking the oath that they just swore to judge by the law.  It's perfectly legal to not want to convict someone for violating a certain law.  You just have to say as much when you're asked during voir dire.  After all, the whole point of jury selection is to find a fair jury.  If someone is accused of possession of marijuana, and you would never convict anyone for that, then you wouldn't be a very fair juror to judge that case, would you?

Re: Jury Nullification in action
« Reply #4 on: December 23, 2010, 04:43:26 PM »
Quote
This really isn't jury nullification, because they weren't actually on a jury yet.  Jury nullification is when an already sworn-in jury decides to throw out the law when making their decision, thereby breaking the oath that they just swore to judge by the law.  It's perfectly legal to not want to convict someone for violating a certain law.  You just have to say as much when you're asked during voir dire.  After all, the whole point of jury selection is to find a fair jury.  If someone is accused of possession of marijuana, and you would never convict anyone for that, then you wouldn't be a very fair juror to judge that case, would you?

You don't know what you're talking about. This is the people standing up and taking back what belongs to us. Breaking the oath? Yeah, right, the oath of servitude and slavery. We don't all want to kiss the asses of the cops you love so much...

*

Space Cowgirl

  • MOM
  • Administrator
  • 49749
  • Official FE Recruiter
Re: Jury Nullification in action
« Reply #5 on: December 23, 2010, 04:57:12 PM »
Are you drunk?
I'm sorry. Am I to understand that when you have a boner you like to imagine punching the shit out of Tom Bishop? That's disgusting.

*

General Douchebag

  • Flat Earth Editor
  • 10957
  • King of charred bones and cooked meat
Re: Jury Nullification in action
« Reply #6 on: December 23, 2010, 05:20:34 PM »
Quote
This really isn't jury nullification, because they weren't actually on a jury yet.  Jury nullification is when an already sworn-in jury decides to throw out the law when making their decision, thereby breaking the oath that they just swore to judge by the law.  It's perfectly legal to not want to convict someone for violating a certain law.  You just have to say as much when you're asked during voir dire.  After all, the whole point of jury selection is to find a fair jury.  If someone is accused of possession of marijuana, and you would never convict anyone for that, then you wouldn't be a very fair juror to judge that case, would you?

You don't know what you're talking about. This is the people standing up and taking back what belongs to us. Breaking the oath? Yeah, right, the oath of servitude and slavery. We don't all want to kiss the asses of the cops you love so much...

I lol'd at the adorable little anarchist.

Also, it's not just the juries that can make a difference by ignoring the law. If every marijuana smoker flouted the law, the judicial system wouldn't be able to handle the sheer volumes, and if every police officer ignored use of cannabis altogether, it wouldn't even get that far.
No but I'm guess your what? 90? Cause you just so darn mature </sarcasm>

*

Benocrates

  • 3077
  • Canadian Philosopher
Re: Jury Nullification in action
« Reply #7 on: December 23, 2010, 05:54:33 PM »
Quote
This really isn't jury nullification, because they weren't actually on a jury yet.  Jury nullification is when an already sworn-in jury decides to throw out the law when making their decision, thereby breaking the oath that they just swore to judge by the law.  It's perfectly legal to not want to convict someone for violating a certain law.  You just have to say as much when you're asked during voir dire.  After all, the whole point of jury selection is to find a fair jury.  If someone is accused of possession of marijuana, and you would never convict anyone for that, then you wouldn't be a very fair juror to judge that case, would you?

You don't know what you're talking about. This is the people standing up and taking back what belongs to us. Breaking the oath? Yeah, right, the oath of servitude and slavery. We don't all want to kiss the asses of the cops you love so much...

I lol'd at the adorable little anarchist.

Also, it's not just the juries that can make a difference by ignoring the law. If every marijuana smoker flouted the law, the judicial system wouldn't be able to handle the sheer volumes, and if every police officer ignored use of cannabis altogether, it wouldn't even get that far.

I don't know what its like anywhere else really, but this is basically what has happened in Ontario. The cops don't charge for personal possession and haven't for a long time. They will likely take it from you, but mostly because they smoke it themselves.
Quote from: President Barack Obama
Pot had helped
Get the fuck over it.

Re: Jury Nullification in action
« Reply #8 on: December 24, 2010, 03:56:53 AM »
I'm talking about the oath that Saddam loves. It's not bad for any person to break an oath if it just upholds a bullshit law.

*

Saddam Hussein

  • Official Member
  • 35374
  • Former President of Iraq
Re: Jury Nullification in action
« Reply #9 on: December 24, 2010, 06:41:14 AM »
I'm talking about the oath that Saddam loves. It's not bad for any person to break an oath if it just upholds a bullshit law.

No.  The jury room is not a soapbox for people to promote their political theories.  This is exactly what is meant by the right to a fair trial.  If you aren't willing to judge fairly, then you need to step back and let someone else do it.

*

Trekky0623

  • Official Member
  • 10061
Re: Jury Nullification in action
« Reply #10 on: December 24, 2010, 06:58:19 AM »
I'm talking about the oath that Saddam loves. It's not bad for any person to break an oath if it just upholds a bullshit law.

No.  The jury room is not a soapbox for people to promote their political theories.  This is exactly what is meant by the right to a fair trial.  If you aren't willing to judge fairly, then you need to step back and let someone else do it.

Exactly. The job of the jury is to judge according to the law. A jury nullification should only be used if the law is truly unjust. During prohibition, there were many jury nullifications. However, a jury does have a duty to uphold the law.

*

Benocrates

  • 3077
  • Canadian Philosopher
Re: Jury Nullification in action
« Reply #11 on: December 24, 2010, 11:53:49 AM »
The first and foremost example where jury nullification should have been used but was not is the trial of Socrates, even though he ultimately deferred to the conviction and submitted himself to the punishment.
Quote from: President Barack Obama
Pot had helped
Get the fuck over it.