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In reply to the discussion: San Diego Mayor Urges Jury Nullification for MJ Dispensary Case [View all]RainDog
(28,784 posts)4. New Hampshire - 2012
http://www.thenewamerican.com/usnews/crime/item/12892-new-hampshire-jury-nullifies-major-felony-marijuana-case
Following the adoption of a new state law on jury nullification in June, a New Hampshire jury nullified its first major felony marijuana case on September 14 when jurors decided to free Doug Darrell, a 59-year-old father of four grown children who was growing illegal plants in his backyard. Activists hailed the decision as a significant victory for the jury nullification movement, which aims to revive awareness about the power inherent in juries to protect citizens from overzealous prosecutors and bad laws by nullifying cases.
Darrell, a Rastafarian piano tuner and woodworker who has been married for almost four decades, was arrested after a National Guard helicopter spotted some marijuana plants on his property in Barnstead. State prosecutors charged him with cultivation, a felony that could have carried up to seven years in prison.
It was clear that he had been growing the marijuana nobody disputed that. Eventually Darrell was offered a deal that would have allowed him to avoid jail time and fines in exchange for a misdemeanor guilty plea. He refused, however, citing his religion and its view that marijuana is a sacrament. So the case went to trial.
Jurors, led by liberty-minded activist Cathleen Converse of the Free State Project, decided Darrell should be set free. Mr. Darrell is a peaceful man, he never deals with the darker elements of society and he grows for his own personal religious and medicinal use, Converse said during an exclusive interview with Free Talk Live, a freedom-oriented talk-radio program. I knew that my community would be poorer rather than better off had he been convicted.
Darrell, a Rastafarian piano tuner and woodworker who has been married for almost four decades, was arrested after a National Guard helicopter spotted some marijuana plants on his property in Barnstead. State prosecutors charged him with cultivation, a felony that could have carried up to seven years in prison.
It was clear that he had been growing the marijuana nobody disputed that. Eventually Darrell was offered a deal that would have allowed him to avoid jail time and fines in exchange for a misdemeanor guilty plea. He refused, however, citing his religion and its view that marijuana is a sacrament. So the case went to trial.
Jurors, led by liberty-minded activist Cathleen Converse of the Free State Project, decided Darrell should be set free. Mr. Darrell is a peaceful man, he never deals with the darker elements of society and he grows for his own personal religious and medicinal use, Converse said during an exclusive interview with Free Talk Live, a freedom-oriented talk-radio program. I knew that my community would be poorer rather than better off had he been convicted.
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And thats why the Fully Informed Jury Association exists! www.fija.org
TampaAnimusVortex
May 2013
#44
If you believe that the law is unjust, you wouldnt get on the jury. The prosecutor will ask you
rhett o rick
May 2013
#7
He doesnt have to make a big issue out of it, just tell Holder to back off. I doubt it would be
rhett o rick
May 2013
#32
Sorry my point wasnt better presented. If Pres Obama was in favor of letting the states
rhett o rick
May 2013
#43
I guarantee that will happen in this case. But it's not necessary. The prosecutor will always
rhett o rick
May 2013
#13
I agree but the discussion was about "jury nullification". I dont think that's an option. Sure you
rhett o rick
May 2013
#33
If you believe the law is unjust, then you would be lying if you said you could convict.
rhett o rick
May 2013
#37
What the judge will say is that if the prosecutor proved that the defendant was
rhett o rick
May 2013
#40
So, in your opinion, the crime has one and only one element? That's not how it works.
AnotherMcIntosh
May 2013
#41
"So, in your opinion..." What? Are you telling me what my opinion is? We are way off the original
rhett o rick
May 2013
#42
Jury nullification has a long history in this country, including helping to defeat the Fugitive
AnotherMcIntosh
May 2013
#52
There is a question mark after the sentence because a question is being asked. I'm asking for your
AnotherMcIntosh
May 2013
#49
That sounds wonderful, however, explain how jurors with that in mind get past
rhett o rick
May 2013
#59
Explain how someone gets seated on a jury if they believe the law is unjust. The prosecutor will ask
rhett o rick
May 2013
#61
Again, what would a prospective juror (that thinks the law is unjust) say when asked
rhett o rick
May 2013
#79
At the federal level, the judges commonly ask the questions of prospective jurors, not prosecutors.
AnotherMcIntosh
May 2013
#77
Because I'm a fair and open minded person, I would like to volunteer for jury duty.
AnotherMcIntosh
May 2013
#18
Southerners have engaged in jury nullification on and off for years. Failing to convict a white
byeya
May 2013
#23
Jury nullification began much earlier in the North when juries refused to convict under the Fugitive
AnotherMcIntosh
May 2013
#53
Ed Burns, Dennis Lehane, George Pelecanos, Richard Price, David Simon and William F. Zorzi Jr
RainDog
May 2013
#24
So smoking a little weed warrants trashing the first amendment. I wonder what Geo.Washington
byeya
May 2013
#38
The DOJ guidelines for the discretionary enforcement of the law can be found here:
AnotherMcIntosh
May 2013
#54
Adhering to current law also lets criminals walk free and sends innocent people to jail
RainDog
May 2013
#75
What, that juries should uphold the law? I'm sorry you think that's "strident".
Donald Ian Rankin
May 2013
#71