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Sylvan1

(7 posts)
33. If citizens were educated about the power of being a juror...
Tue May 6, 2014, 05:29 AM
May 2014

...they could deliver verdicts that were actually just. Most judges tell juries that they can only decide if someone has broken a law, not if the law is just. This is simply not true. Even if a defendant committed a crime, a jury can refuse to render a guilty verdict.
Reasons for a jury to do this, according to attorney Clay S. Conrad:

"When the defendant has already suffered enough, when it would be unfair or against the public interest for the defendant to be convicted, when the jury disagrees with the law itself, when the prosecution or the arresting authorities have gone “too far” in the single-minded quest to arrest and convict a particular defendant, when the punishments to be imposed are excessive or when the jury suspects that the charges have been brought for political reasons or to make an unfair example of the hapless defendant …"

Up to the time of the Civil War, American juries often refused to convict the brave souls who helped runaway slaves. In the 1800s, jury nullifications saved the hides of union organizers who were being prosecuted with conspiracy to restrain trade. Juries used their power to free people charged under the anti-alcohol laws of Prohibition, as well as antiwar protesters during the Vietnam era. Today, juries sometimes refuse to convict drug users (especially medical marijuana users), tax protesters, abortion protesters, gun owners, battered spouses, and people who commit “mercy killings.”

Judges and prosecutors will often outright lie about the existence of this power, but centuries of court decisions and other evidence prove that jurors can vote their consciences.

When the US Constitution was created, with its Sixth Amendment guarantee of a jury trial, the most popular law dictionary of the time said that juries “may not only find things of their own knowledge, but they go according to their consciences.” The first edition of Noah Webster’s celebrated dictionary (1828) said that juries “decide both the law and the fact in criminal prosecutions.”

If the average citizen were aware that juries are the peoples' defense against tyranny, they would behave with more autonomy and we would have fewer unjust verdicts and sentences.

the oligarchy will not tolerate disturbing the placid consumer cash cow. Evasporque May 2014 #1
Look at the faces of the NYPD pigs. Dawson Leery May 2014 #2
Mayor Goonberg's gestapo The Wizard May 2014 #13
Bloomberg needs to go to hell. Dawson Leery May 2014 #20
looked like a nutball to me TorchTheWitch May 2014 #45
Meanwhile In Nevada - Guns Are The New Elbows otohara May 2014 #3
Now if she only had a gun and called herself a patriot... mikeysnot May 2014 #4
200 armed militia, ready to kill get christx30 May 2014 #37
is it fascism yet? n/t warrprayer May 2014 #5
It has officially been fascism ever since TBF May 2014 #9
It began with weakening sulphurdunn May 2014 #19
Well before that... freebrew May 2014 #40
This absolutely fucking ridiculous. Adrahil May 2014 #6
Despicable....not surprising...but despicable nontheless... truebrit71 May 2014 #7
K&R...Thanks for posting red dog 1 May 2014 #8
I'm not surprised marions ghost May 2014 #10
More justice! Corruption from sea to shining sea. Ever since they awarded Dubya the presidency. Enthusiast May 2014 #11
A Grotesque Mis-Carriage Of Justice, Ma'am The Magistrate May 2014 #12
In reading the comments at the link there were several that said things to the effect that, "The Dustlawyer May 2014 #14
She never had chance. Joe Shlabotnik May 2014 #15
It really is us against them where them is the criminal justice system. Ed Suspicious May 2014 #16
Yup, it's full blown Oligarcy in the USA right now! 90-percent May 2014 #17
Disgusting and simply not credible..not at all. K&R Jefferson23 May 2014 #18
The brutality of the Republicon / New Dem corporate state on display. Skeeter Barnes May 2014 #21
kick for visibility. navarth May 2014 #22
Jury rules that police can grope women without punishment. nt NutmegYankee May 2014 #23
Outrageous.. 2banon May 2014 #24
Beat a man to death and go on to coach kids damnedifIknow May 2014 #25
Member of the .01%? dotymed May 2014 #39
They Serve to Protect their Own. SoapBox May 2014 #26
Are we "there" yet? bvar22 May 2014 #27
So were the "more than 30 police officers lining the room..." present throughout the trial...? Earth_First May 2014 #28
I do think the jury was intimidated, I would have been.. mountain grammy May 2014 #29
Possibly seven years in prison, a life derailed, maybe destroyed. dgauss May 2014 #30
This is a travesty of justice...armed Bundy Cult Members... GReedDiamond May 2014 #31
A woman has a right to defend herself against sexual assault. Ash_F May 2014 #32
If citizens were educated about the power of being a juror... Sylvan1 May 2014 #33
Also, if citizens were educated about their rights as citizens dotymed May 2014 #41
Cop-a-feel. New police weapon against peaceful female protesters. GoneFishin May 2014 #34
I wonder if there are high powered invisible hands behind this. Occupy made the Wall Street GoneFishin May 2014 #35
She elbows a guy in the face, christx30 May 2014 #36
It's a message to the 99% from the 1%. CrispyQ May 2014 #38
Those who doubt Occupy's efficacy need only look at how they were treated riqster May 2014 #42
can their be disciplinary action agains this judge? Who do we have to contact? yurbud May 2014 #43
k&r for visibility. nt Electric Monk May 2014 #44
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