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wildbilln864

(13,382 posts)
Tue Aug 5, 2014, 11:25 PM Aug 2014

Activists Install Jury Nullification Billboard In DC, Plan More in Major US Cities

"For those who don’t know, jury nullification is basically the right for any juror to not only judge the facts of the case, but to also actually judge the validity of the law itself. This means that if a jury feels that a defendant is facing an unjust charge, they actually have the right to rule in the defendant’s favor, even if they are technically guilty under the court’s standards."

"...Thomas Jefferson: "If a Law is Unjust, a man is not only right to disobey, he is obligated to do so."
more here.

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Activists Install Jury Nullification Billboard In DC, Plan More in Major US Cities (Original Post) wildbilln864 Aug 2014 OP
About time! villager Aug 2014 #1
yes and the opposite will apply, guilty and the right to rule agains the defendant and the law nt msongs Aug 2014 #2
remember zimmerman? noiretextatique Aug 2014 #3
Still remember that statement from the Emmett Till murder BklnDem75 Aug 2014 #12
Don't suppose the Pro-Nullification crowd would be groovy with Jake Stern Aug 2014 #4
There would be no need for a juror to do that. Nye Bevan Aug 2014 #6
Prosecutors weed out jurors who rightfully recognize the DP as inherently unjust. morningfog Aug 2014 #11
Yes. They do. n/t Laelth Aug 2014 #15
About time is right! emsimon33 Aug 2014 #5
But then juries might refuse to do their duty, and not send people to prison for smoking pot! Warren DeMontague Aug 2014 #7
Does that happen often? JJChambers Aug 2014 #19
never mind that "dealing" often means the guy growing his own pot to manage the chemo nausea for his Warren DeMontague Aug 2014 #29
AFAIK, people don't go to prison for misdemeanors. JJChambers Aug 2014 #35
I think you K wrong. Warren DeMontague Aug 2014 #36
the citizen's last defense against tyranny. nt grasswire Aug 2014 #8
Next to last. Nuclear Unicorn Aug 2014 #9
Is this a threat of violence? myrna minx Aug 2014 #14
Not all who fight for freedom are Cliven Bundy. Nuclear Unicorn Aug 2014 #17
My quibble is about the gun cartridges. This sounds like myrna minx Aug 2014 #18
Cliven Bundy is not the end-all be-all of the final defense of freedom and civil rights. Nuclear Unicorn Aug 2014 #22
This country was founded by violence Lurks Often Aug 2014 #33
heh grasswire Aug 2014 #37
Not a panacea, let's be careful of what we wish for.. HereSince1628 Aug 2014 #10
This should have been a major tool in the Drug War, juries refusing to convict sabrina 1 Aug 2014 #13
It's not up to a jury to determine the length of COLGATE4 Aug 2014 #16
Jury nullification also undermines bad laws. Comrade Grumpy Aug 2014 #21
You're leaving it up to 6 to 12 people to determine COLGATE4 Aug 2014 #28
Wrong, Jury Nullification is perfectly legal and was supported by the FFs sabrina 1 Aug 2014 #24
You're incorrect. Jury nullification isn't "legal" - it's COLGATE4 Aug 2014 #27
What law says jury nullification is illegal? NobodyHere Aug 2014 #30
I was inaccurate. California has held that a COLGATE4 Aug 2014 #31
That was Ed Rosenthal. He ended up doing one day (time served). Comrade Grumpy Aug 2014 #20
Thank you, I couldn't remember the details. I am glad he did not go to jail. sabrina 1 Aug 2014 #25
Until the wealthy, the multinationals, the military, clandestine services, and politicians TheKentuckian Aug 2014 #23
Bye bye crazy laws on marijuana. Emelina Aug 2014 #26
Let me sum up for the goofballs that think this is a good idea MattBaggins Aug 2014 #32
Brilliant argumentation from the peanut gallery. Comrade Grumpy Aug 2014 #34
^^ nt grasswire Aug 2014 #38

noiretextatique

(27,275 posts)
3. remember zimmerman?
Wed Aug 6, 2014, 01:22 AM
Aug 2014

nothing new if the murderer is not black, but the victim is. happened a lot in the south when black people were murdered. probably in the east, west and north too.

BklnDem75

(2,918 posts)
12. Still remember that statement from the Emmett Till murder
Wed Aug 6, 2014, 09:24 AM
Aug 2014

After deliberating for only 67 minutes, the jury returned a verdict: not guilty. Reporters said they overheard laughing inside the jury room. One juror later said: "We wouldn't have taken so long if we hadn't stopped to drink pop.""

http://www.pbs.org/wgbh/amex/till/peopleevents/e_trial.html

Jake Stern

(3,145 posts)
4. Don't suppose the Pro-Nullification crowd would be groovy with
Wed Aug 6, 2014, 01:43 AM
Aug 2014

a juror, who finds capital punishment to be inherantly unjust, voting to acquit an accused killer to keep them from being executed?

Nye Bevan

(25,406 posts)
6. There would be no need for a juror to do that.
Wed Aug 6, 2014, 01:57 AM
Aug 2014

In death penalty cases there are two phases. The jurors get to determine guilt and punishment (in the event of a guilty verdict) separately.

Warren DeMontague

(80,708 posts)
7. But then juries might refuse to do their duty, and not send people to prison for smoking pot!
Wed Aug 6, 2014, 02:28 AM
Aug 2014

OO NOOO WOTLL WEDOOOO?

 

JJChambers

(1,115 posts)
19. Does that happen often?
Wed Aug 6, 2014, 12:04 PM
Aug 2014

I think people (wrongly) go to prison for dealing pot. I have never heard of anyone going to prison for smoking pot.

Warren DeMontague

(80,708 posts)
29. never mind that "dealing" often means the guy growing his own pot to manage the chemo nausea for his
Wed Aug 6, 2014, 04:14 PM
Aug 2014

terminal cancer:

http://qctimes.com/news/local/crime-and-courts/mackenzie-family-found-guilty-at-marijuana-trial/article_5d4ada2b-1946-5fc2-9718-c1efd59777d8.html

In answer to your question, yes. It happen. The drug war is built upon arresting and incarcerating people for low level drug offenses, like smoking a joint in their own living room.


http://www.nola.com/opinions/index.ssf/2014/04/possession_of_marijuana_should.html

Warren DeMontague

(80,708 posts)
36. I think you K wrong.
Wed Aug 6, 2014, 06:59 PM
Aug 2014

But the bottom line is, we have millions of people in prison for low-level pot offenses, many of them either simple possession or growing for ones' self, even as a terminally ill medical patient, in the case of the gentleman in the story I linked.

Many times smoking a joint becomes a Felony, in many states, if someone has a prior offense.

That's only when the system "works". When they have a fuck-up, like the flash grenade that goes into the baby's crib during the no-knock raid, or the kid who is locked in the DEA holding room for a week because he was at a fraternity 420 party, that's something else.

We spend 60 Billion a year- not including costs of local LEO and incarceration, mind you- on the "drug war"; the lion's share of it aimed at pot smoking. That's why the gravy train people are so opposed to legalization.

No, most pot smokers don't end up in prison for it- but some do. And the anti-legalization people will fight tooth and nail to retain the "right" to haul people off to prison for taking a hit off a joint.

Nuclear Unicorn

(19,497 posts)
17. Not all who fight for freedom are Cliven Bundy.
Wed Aug 6, 2014, 11:53 AM
Aug 2014

Should we passively accept summary punishments? Persecution of minorities? Loss of life, liberty and property without due process or just reason?

myrna minx

(22,772 posts)
18. My quibble is about the gun cartridges. This sounds like
Wed Aug 6, 2014, 12:00 PM
Aug 2014

"second amendment remedies" for things that people don't agree with - of the like of Cliven Bundy.

By the by, I don't think Cliven Bundy is fighting for freedom - he's scamming the pubic while brandishing weapons at law enforcement.

Nuclear Unicorn

(19,497 posts)
22. Cliven Bundy is not the end-all be-all of the final defense of freedom and civil rights.
Wed Aug 6, 2014, 12:19 PM
Aug 2014

I'm not even sure he makes the grade.

But if, for example, the Klan were to threaten a minority family and the law could not be counted upon to fulfill its civil obligation because the politicians and the sheriff were both part of the lynch mob and no jury would convict those menacing their fellow citizens then I would wholly support the armed defense of those being threatened.

Don't fixate on Bundy; I know I don't.

 

Lurks Often

(5,455 posts)
33. This country was founded by violence
Wed Aug 6, 2014, 06:34 PM
Aug 2014

And the The soap box, The ballot box, The jury box, The cartridge box saying goes way back: http://en.wikipedia.org/wiki/Four_boxes_of_liberty

and two of the people to have a stated a variant were none other then Frederick Douglass and Elizabeth Stanton, one of the leading figures of the early women's rights campaings in the years after the Civil War.

I guess how one view's the statement depends on the context when it is said and by the person saying it.

HereSince1628

(36,063 posts)
10. Not a panacea, let's be careful of what we wish for..
Wed Aug 6, 2014, 08:32 AM
Aug 2014

Certainly there are times when it might be warranted,

but I can imagine this is most resonant with activists who don't like laws, and I am thinking of sovereign citizens and tea-jadists...

sabrina 1

(62,325 posts)
13. This should have been a major tool in the Drug War, juries refusing to convict
Wed Aug 6, 2014, 09:53 AM
Aug 2014

those who have done nothing other than smoke a few joints. I remember a case in Ca a few years ago where the Fed Govt went in and arrested a LEGAL (under CA's state law) Pot Grower, and charged him under Federal law. They jury did not know how much time he would get if they found him guilty.

When he was sentenced to 30 years, jurors were devastated. They stated that they did not want to convict him, but had to given the evidence. I don't think they knew either that what he was doing was legal in CA.

Had even ONE of them understood their right as jurors to nullify the law they did not agree with, this could not have happened.

COLGATE4

(14,732 posts)
16. It's not up to a jury to determine the length of
Wed Aug 6, 2014, 10:58 AM
Aug 2014

punishment, so information about possible lengths of sentence if convicted is not relevant to their job. Their sole function is to be triers of fact, to determine guilt or innocence. Jury nullification not only violates the oath they take in order to be a juror but it also undermines the entire point of having a jury.

COLGATE4

(14,732 posts)
28. You're leaving it up to 6 to 12 people to determine
Wed Aug 6, 2014, 02:52 PM
Aug 2014

if a law is bad? Doesn't strike me as a particularly good idea. Imagine trying to convict a white person of racial discrimination (or much worse) in the South in the 50's. That's jury nullification.

sabrina 1

(62,325 posts)
24. Wrong, Jury Nullification is perfectly legal and was supported by the FFs
Wed Aug 6, 2014, 12:22 PM
Aug 2014

who knew that there would be corrupt officials who would implement BAD LAWS. Jury nullification was meant to give MORE POWER to the people to refute BAD LAWS.

Throughout history however, other laws have been passed, NOT to make JN illegal, but to deny the jury the right to know they have that power.

Iow, people have to educate themselves regarding the power they have because it isn't always in the best interests of those in power for the people to understand that there ARE ways they can make bad laws irrelevant. The Drug Laws stole many of our rights, they are BAD LAWS and this is exactly how to get rid of them.

The jury in the case I mentioned did not know they could nullify the LAW. They thought they had no choice when in fact they did.

COLGATE4

(14,732 posts)
27. You're incorrect. Jury nullification isn't "legal" - it's
Wed Aug 6, 2014, 02:50 PM
Aug 2014

just hard to prove. The whole purpose of a jury is to be a fact finder, not give its opinion on the law. As such it is the basis of our whole trial system. Be careful what you wish for.

COLGATE4

(14,732 posts)
31. I was inaccurate. California has held that a
Wed Aug 6, 2014, 06:08 PM
Aug 2014

juror can be removed from the jury (violation of the State Penal Code) for attempting jury nullification but that's the extent of the punishment for the violation.

 

Comrade Grumpy

(13,184 posts)
20. That was Ed Rosenthal. He ended up doing one day (time served).
Wed Aug 6, 2014, 12:13 PM
Aug 2014

Yes, the jury did not know that he was acting legally under California law (and with the support of the city of Oakland). Because federal judges do not allow any mention of "medical marijuana" in these cases since federal law doesn't recognize medical marijuana.

The jurors held a press conference to denounce their verdict the next day--after they found out the rest of the story.

The federal judge in the case then sentenced him to time served.

Ed actually wore a clown suit to court at least once during his trial. His comment on the situation.

TheKentuckian

(25,029 posts)
23. Until the wealthy, the multinationals, the military, clandestine services, and politicians
Wed Aug 6, 2014, 12:19 PM
Aug 2014

are under the law like the common person there needs to be nullification with extreme prejudice either we are equal or the system is unjust by definition.

Emelina

(188 posts)
26. Bye bye crazy laws on marijuana.
Wed Aug 6, 2014, 12:24 PM
Aug 2014

Anyone actually see the Vice video on the entrapment of a kid with Aspergers by the police in an undercover sting at a high school? Pathetic police.

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