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New ways to break the law! (are you a criminal? Probably)
http://www.theadvocates.org ^ | Bill Winter

Posted on 02/18/2006 1:46:55 PM PST by freepatriot32

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To: Gordongekko909

If you think that the idea of nine appointed judges being able to thwart the will of the majority is bad, think about the idea of twelve randomly selected citizens being able to do the exact same thing.>>>>>>>>>

I understand the point but I would rather trust twelve randomly selected citizens, and no jury is ever truly "randomly" selected, than to trust nine appointed judges if five of them have been appointed by someone who selected the judges for their known inclination to legislate from the bench rather than following the constitution. Some of the scotus decisions are frightening and I hope that recent appointments by President Bush will change the trend.


181 posted on 02/19/2006 1:25:52 PM PST by RipSawyer (Acceptance of irrational thinking is expanding exponentiallly.)
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To: null and void

Maybe it's time we selected jurors based on the ability to reason, not the ability to be led around.>>>>>>>>>>>>>

Sounds great but the pool would be limited, you might be one of those called for jury duty every month!


182 posted on 02/19/2006 1:31:10 PM PST by RipSawyer (Acceptance of irrational thinking is expanding exponentiallly.)
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To: lawgirl

OMG that is ridiculous. It looks like these municipalities are trying to make money the easiest way possible.>>>>>>>

Hit don't jist look that there way lady, I done told Doc that there is the way hit is, dang it!


183 posted on 02/19/2006 1:34:25 PM PST by RipSawyer (Acceptance of irrational thinking is expanding exponentiallly.)
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To: zeugma
The very idea of a group of 12 jurors being able to completely overturn the entire leviathan mechanism of "The Law" strikes fear into a great many statists all across this nation of ours.

Well said. Too Long for a tagline, but with some editing...

184 posted on 02/19/2006 2:12:52 PM PST by null and void (That 12 jurors can overturn the leviathan of "The Law" strikes fear into statists across this nation)
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To: zeugma

ping


185 posted on 02/19/2006 2:18:46 PM PST by southland (Nietzsche said God was dead- he lied!)
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To: null and void
Thanks :-) Sometimes I think taglines should be allowed to be somewhat longer.
186 posted on 02/19/2006 2:22:30 PM PST by zeugma (This post made with the 'Xinha Here!' Firefox plugin.)
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To: SUSSA

ping


187 posted on 02/19/2006 2:24:51 PM PST by southland (Nietzsche said God was dead- he lied!)
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To: freepatriot32
In California, state law now says that we must take common household batteries (D, C, EE, etc.) to the nearest landfill. You cannot place them in your curbside trash. What is so ridiculous is that on trash day, a giant truck arrives occupied by just the driver, and a mechanical arm throws each trash container up and empties the contents into the truck, which then compacts it. So, the reality in California is that we can just keep throwing away our batteries in the household trash, and refuse to drive 15 miles to the landfill to drop off a flashlight battery! A stupid law that is unenforceable.
188 posted on 02/19/2006 2:35:52 PM PST by ExtremeUnction
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To: supercat; null and void
If a juror realizes that he can't be impartial in the middle of a case, then there is no reason for him to be there any longer. He should tell the judge about what's going on (probably getting his attention through the bailiff, and NOT when court is in session) and he'll be dismissed and replaced by an alternate.

If a judge decides to drop a juror, there is absolutely nothing that either side can do about it. They don't get to know why the juror dropped, either. If the judge decides not to dismiss the juror, then there still won't be a contradictory hearing on the matter. The judge has already decided that the juror is staying.

As for being able to write or not write stuff, it depends on the court. Some judges allow it, some don't, some even provide pen and paper to the jurors.

189 posted on 02/19/2006 4:49:47 PM PST by Gordongekko909 (I know. Let's cut his WHOLE BODY off.)
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To: supercat
Actually, randomness might be better. I'd suggest having a pool of 36 or 48 jurors in six or eight randomly-drawn groups of six. Each side's lawyer gets to strike two/three of the six/eight groups for any reason or no reason, but does not get to pick and choose.

Heh. You just described how jury selection works now, almost exactly. Only the numbers are different. The no-questions-asked strikes are called "peremptory challenges." You can also get a juror stricken if there's a compelling reason: this is called "challenge for cause."

190 posted on 02/19/2006 4:52:11 PM PST by Gordongekko909 (I know. Let's cut his WHOLE BODY off.)
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To: zeugma
See Sparf v. United States, 156 U.S. 51, 64-65 (U.S. 1895). Justice Jay more than likely never said that.
191 posted on 02/19/2006 4:56:59 PM PST by Gordongekko909 (I know. Let's cut his WHOLE BODY off.)
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To: zeugma

Yeah, Penn was exactly the case I was thinking about. Thanks for joining in!


192 posted on 02/19/2006 4:59:36 PM PST by Gordongekko909 (I know. Let's cut his WHOLE BODY off.)
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To: Gordongekko909
Re: Justice Jay's Comments 

Yeah, I saw your earlier post on that. I would tend to concur that the circumstances surrounding it are weird, especially in terms of the way the Supreme Court works today. However, The initial Supreme Courts understood the precarious position upon which they stood. There were some proceedings that occurred in the very early years that have not been repeated since. I think this is mainly because they saw (wisely IMO) that certain basic principles needed to be set down initially. For instance, the decision to incorporate the English Common Law into our jurisprudence was brilliant. There was much snickering about Arlen Spector referring to Scottish law in his vote on Clinton's impeachment, but the fact is, the precidents that exist in Scottish common law extend to our own. (Arlen's vote was nonetheless idiotic.) I think the case in question is exactly one of those incidents. Unfortunately, I don't have access at the moment to resources that would pin it down further.

Regardless of its accuracy, I still feel very strongly that the principles behind jury nullification are very important to the continued health of our Republic. That's not to say that I agree with what apparently happened in the OJ trial, where it appeared (to me anyway) that the fact that he was a black celebrity let him get away with murder. I think all rational folk can agree that murder a crime and should be dealt with strongly. Other crimes, primarily victimless ones are more grey than black and white, and I feel are fair game to a concerned citizenry to make sure they aren't injudiciously (no pun intended) employed against the people. Someone earlier on the thread said he could not vote to convict in the context of a "gun crime". I'd have to wholeheartedly agree with him, as I think all anti-gun laws are an anathema to a free Republic of free men.

We can disagree one way or the other, but nonetheless, I've enjoyed reading this thread immensely.

193 posted on 02/19/2006 9:27:45 PM PST by zeugma (This post made with the 'Xinha Here!' Firefox plugin.)
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To: zeugma
For instance, the decision to incorporate the English Common Law into our jurisprudence was brilliant.

Well, it made sense to use English Common Law because we were used to using it. Hell, up until the Revolution, we still considered ourselves Englishmen. And in fact, the whole "no taxation without representation" thing referred to the Crown denying us our rights as Englishmen. The Revolution wasn't a rejection of all things British; it was an attempt to make us what we were supposed to be all along. Britain 2.0, if you will.

Regardless of its accuracy, I still feel very strongly that the principles behind jury nullification are very important to the continued health of our Republic. That's not to say that I agree with what apparently happened in the OJ trial, where it appeared (to me anyway) that the fact that he was a black celebrity let him get away with murder.

My studies of that case reveal that nothing actually went wrong. The prosecution was sloppy and Johnny Cochrane was a good lawyer. He ran a textbook case-in-chief defense: he prodded the prosecution's case with his shucking knife, poke poke poke, looking for a weak point. When he found one, he jammed his knife in as hard as he could and twisted. The proverbial oyster popped right open.

I think all rational folk can agree that murder a crime and should be dealt with strongly. Other crimes, primarily victimless ones are more grey than black and white, and I feel are fair game to a concerned citizenry to make sure they aren't injudiciously (no pun intended) employed against the people. Someone earlier on the thread said he could not vote to convict in the context of a "gun crime". I'd have to wholeheartedly agree with him, as I think all anti-gun laws are an anathema to a free Republic of free men.

If a jury disagrees with a law on principle, they can simply find the defendant not guilty of committing it. Enabling them to annihilate a law altogether subverts the principle of representative government. Making and eliminating laws is the legislature's job, with some tinkering by the judiciary, thanks to the whole "Constitutional government" thing.

We can disagree one way or the other, but nonetheless, I've enjoyed reading this thread immensely.

Hooray! This is how political speech is supposed to be.

194 posted on 02/20/2006 9:51:16 AM PST by Gordongekko909 (I know. Let's cut his WHOLE BODY off.)
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To: Gordongekko909
Heh. You just described how jury selection works now, almost exactly. Only the numbers are different. The no-questions-asked strikes are called "peremptory challenges." You can also get a juror stricken if there's a compelling reason: this is called "challenge for cause."

I thought under the current system people were allowed to use their peremptory challenges on individual jurors, rather than on groups.

If one starts with a pool of 18 jurors and gives three peremptory challenges to each counsel, I would suggest the composition of the jury will look less like the community at large than if there are eight half-juries and each counsel strikes three of them. Even though in the latter case, counsel would be striking a larger percentage of the jury pool, the composition of each half-juries would likely be closer to the norm than the stance of any individual juror.

For example, suppose that the jury pool was 15% black. In a pool of 18 jurors, there's a 72% chance that there would be three or fewer blacks in the pool, thus allowing their complete elimination. By contrast, because 62% of the 6-person half-juries would have at least one black, there would be about a 64% chance that at least four of the them would have at least one black; three peremptory challenges would not suffice for eliminating all of them.

Even though in the former case each lawyer strikes 1/6 of the pool is eliminated while in the latter case each lawyer strikes 3/8, the latter approach would allow much less alteration of jury composition.

195 posted on 02/20/2006 6:21:57 PM PST by supercat (Sony delenda est.)
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To: zeugma
If on a jury, if I can't find a victim, (i.e., many drug laws, seatbelt laws, and similar things) I seriously doubt that my concience would allow me to convict.

I agree. My belief is simple. No Victim No Crime.

196 posted on 02/24/2006 10:33:51 AM PST by beltfed308 (Cloth or link. Happiness is a perfect trunnion.)
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To: freepatriot32
One declares so many things to be a crime that it becomes impossible to live without breaking laws."

Have we reached that point?

Yes. We have.

The author completely ignores the plethora of nanny-state federal regulations we are violating every day. Ever read the fine print on the labels of cleaning products?

It is a violation of federal law to use this product in a manner inconsistent with its labeling.

Wanna bet you haven't broken that one recently?

Other examples are plentiful.

197 posted on 02/24/2006 10:48:11 AM PST by TChris ("Unless you act, you're going to lose your world." - Mark Steyn)
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To: IronJack
I'd love to, but The Man has me trapped in an endless cycle of poverty and dependence.

But you are the man!

198 posted on 02/24/2006 11:04:09 AM PST by meyer (Dems are stuck on stupid. Al Gore invented stupid.)
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