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In reply to the discussion: San Diego Mayor Urges Jury Nullification for MJ Dispensary Case [View all]AnotherMcIntosh
(11,064 posts)39. "You dont get to choose what reasonable means." Says who?
The Sixth Amendment provides:
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense."
Unless I'm mistaken, I believe that you agree with the concept that an accused is not entitled to an impartial jury but must be one that is predisposed in favor of a conviction.
Also, unless I'm mistaken, no court since the Bushel's case since the 1670's has ever sought to hold a jury or a juror in contempt for failing to convict an accused. Operating a kangaroo court in this country, with a kangaroo jury, is contrary to due process of law.
Why even have a jury? Why not just have a prosecutor go before a judge and say, "This is the law"?
You say that "At the end of the trial the judge will give instructions to the jury." That is true. But we don't have a system where a judge can mandate a conviction by saying at the end of a trial, "This is the law. You must convict."
If someone previously said that to you, they have misrepresented our system of law. If that was how our system works, they could simply do away with the jury system. It would be a prosecutor's dream.
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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