Snails - Response on Threads Part 3

[FranC]

 

[tiburonfirst]

morning, ms frannie!

 

[tiburonfirst]

frannie must have gone b ack to sleep

 

[CES]

Good morning


I think i discovered the secret words to making sure that one is excused from a jury for cause. Should i decide to use them, they are "jury nullification" .

It occurs when a jury decides not to convict, even if they think the defendant is guilty, because they think the applicable law is bad, or should not be applied. It can be used to nullify an unjust law. It was used for good during prohibition and when northern juries refused to convict those who helped runaway slaves. It was used for bad when deep south juries refused to convict whites for crimes against blacks.
Jury Nullification | Wex Legal Dictionary / Encyclopedia | LII / Legal Information Institute
Jury nullification - Wikipedia, the free encyclopedia

Turns out that lawyers aren't allowed to tell juries about the concept, and demonstrating that you know about it can be a ticket out (even if actually attmpting to use it has the possibility of leaving one open to contempt of court charges)
Jury - Wikipedia, the free encyclopedia

In United States v. Moylan, 417 F.2d 1002 (4th. Cir. 1969), Fourth Circuit Court of Appeal unanimously ruled: "If the jury feels that the law under which the defendant is accused is unjust, or exigent circumstances justified the actions of the accused, or for any reason which appeals to their logic or passion, the jury has the right to acquit, and the courts must abide that decision." The Fully Informed Jury Association is a non-profit educational organization dedicated to informing jurors of their rights and seeking the passage of laws to require judges to inform jurors that they can and should judge the law. In Sparf v. United States, 156 U.S. 51 (1895), the Supreme Court, in a 5-4 decision, held that a trial judge has no responsibility to inform the jury of the right to nullify laws.

Modern American jurisprudence is generally intolerant of the practice, and a juror can be removed from a case if the judge believes that the juror is aware of the power of nullification.[23]

 

[tiburonfirst]

morning, ces!

so .................. you're gonna tell'em you have no problem convicting as long as you're happy with the law applied leading to the arrest?

 

[AttyPops]

All I can say is....good luck CES.

And, of course, good morning snails.

 

[CES]

morning, ces!

so .................. you're gonna tell'em you have no problem convicting as long as you're happy with the law applied leading to the arrest?

Pretty much.

I probably won't bring it up. If it is an exceedingly stoopid law, i might actually want to get on the jury and use it. I came across it while looking for the size of the jury,since in Florida they only select 6 jurors (Turns out that states can set the jury size between 6 and 12, but Alabama has juries of 12). I'd heard of it before, but didn't know much about it.

 

[CES]

Good morning, Atty

 

[FranC]

Morning,Tib,Atty and CES Gotta finish the taxes............

 

[CES]

Wow. you really are down to the wire, Fran.

Did hubby enjoy his Birthday yesterday?

 

[tiburonfirst]

morning, atty man!

ooops - i forgot all about frannie being preoccupied today!

 

[AttyPops]

Errands. BBL.

 

[SilverBear]

 

[CES]

Good morning, Bear

How's husbear feeling this morning?

 

[SilverBear]

Good morning, Bear

How's husbear feeling this morning?

G'morning!

He's still in bed. That will change when the dump truck arrives and "BEEP BEEP BEEP"s its way backward up the driveway.

 

[CES]

that is one of the most annoying early morning sounds ever.

 

[tiburonfirst]

G'morning!

He's still in bed. That will change when the dump truck arrives and "BEEP BEEP BEEP"s its way backward up the driveway.

bear's starting early!

good morning!

 

[FranC]

Wow. you really are down to the wire, Fran.

Did hubby enjoy his Birthday yesterday?

Yes he did

 

[FranC]

Good morning,Bear

 

[FranC]

Taxes are done. Will mail later. Watching a turkey walk down the road.