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To: CJ Wolf
I love that quote about the jury, haven’t seen that before. It would change many outcomes of many trials if it still was practiced.

Isn't it the same as "Jury Nullification", which is practiced on occasion, today?

15 posted on 01/14/2008 7:02:23 AM PST by varon (Allegiance to the constitution, always. Allegiance to a political party, never.)
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To: varon
If you google "jury nullification" you'll find some interesting sites. One had a "booklet" for jurors.

In addition, I found these quotes:

Men do not make laws. They do but discover them. Laws must be justified by something more than the will of the majority. They must rest on the eternal foundation of righteousness. That state is most fortunate in its form of government which has the aptest instruments for the discovery of law.
Calvin Coolidge,
to the Massachusetts State Senate, January 7, 1914

I was summoned for jury duty some years ago, and during voir dire, the attorney asked me whether I could obey the judge's instructions. I answered, "It all depends upon what those instructions are." Irritatingly, the judge asked me to explain myself. I explained that if I were on a jury back in the 1850s, and a person was on trial for violating the Fugitive Slave Act by assisting a runaway slave, I would vote for acquittal regardless of the judge's instructions. The reason is that slavery is unjust and any law supporting it is unjust. Needless to say, I was dismissed from jury duty.
Walter Williams, 11 July 2007

16 posted on 01/14/2008 7:26:03 AM PST by Loud Mime (It is easier to wash dirt off your hands than blood = Gladiator)
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To: varon

In 1988, in U.S. v. Krzyske, the jury asked the judge about jury nullification. The judge responded “There is no such thing as valid jury nullification.” The jury convicted the defendant, and the judge’s answer was upheld on appeal.

In 1997, in U.S. v. Thomas[20], the Second Circuit ruled that jurors can be removed if there is evidence that they intend to nullify the law, under Federal Rules of Criminal Procedure 23(b).

We categorically reject the idea that, in a society committed to the rule of law, jury nullification is desirable or that courts may permit it to occur when it is within their authority to prevent. Accordingly, we conclude that a juror who intends to nullify the applicable law is no less subject to dismissal than is a juror who disregards the court’s instructions due to an event or relationship that renders him biased or otherwise unable to render a fair and impartial verdict.


28 posted on 01/14/2008 10:06:15 PM PST by CJ Wolf
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