Deliberations Resume Friday, 8-9-02 In Trial Of David Westerfield (VERDICT WATCH CONTINUES!)

CNN.com ^ | August 9, 2002 | CNN

[The Other Harry]

Jury nullification has to be the entire jury agreeing to do so.

Not necessarily. I could visualize doing it by myself.

It rarely happens.

I agree with you there. That's as it should be. I think our laws should conform to our common social values. July nullification is only appropriate when something is clearly out of whack. Could be the law, could be the specific case.

I don't see how this applies to the JW, but I think it's a topic where people should be clear on what their rights are.

[Krodg]

FURTHER, EACH FACT WHICH IS ESSENTIAL TO COMPLETE A SET OF CIRCUMSTANCES NECESSARY TO ESTABLISH THE DEFENDANT'S GUILT MUST BE PROVED BEYOND A REASONABLE DOUBT. IN OTHER WORDS, BEFORE AN INFERENCE ESSENTIAL TO ESTABLISH GUILT MAY BE FOUND TO HAVE BEEN PROVED BEYOND A REASONABLE DOUBT, EACH FACT OR CIRCUMSTANCES UPON WHICH THE INFERENCE NECESSARILY RESTS MUST BE PROVED BEYOND A REASONABLE DOUBT.

I know you've seen this many times, but I just wanted to post it again on the slight chance you might have your eyes and mind open at the same time.

[Jaded]

The Wrong Jacket

Can someone please point me in the direction of the transcripts. Or the January dry-cleaners receipt. I'm not sure where this specific item is. I need it for reference material.

Thanks for any help you can be.

[the Deejay]

Fine with me what you'd do, but I've served on 4 juries and I can tell you, with what you want to do on your own, you would be outta there in a heartbeat.

You would be amazed how often, during delibertations, the jury refers to the law/judge's instructions. The pages are dog earred within a day.

[hoosiermama]

DJ please post a link to the Judges instructions. Thanks!

[small_l_libertarian]

Jaded, Feldman mentioned this during closing arguments. I don't remember hearing it before that. Heading to bed - 'night, all.

[JudyB1938]

Thanks for posting that, Fres. I got out my other glasses and read it this time. CHILLING!

[the Deejay]

http://signonsandiego.com/news/metro/danielle/index.html

[the Deejay]

Instructions begin "Morning 1, August 6" under Closing Arguments.

I think after Dusek finished the second time, the judge read more instructions. (More brief than the first ones.)

[hoosiermama]

Thanks DJ for the specific information. Had read the articles and thought there might be a title for the instructions....Have been looking for them. Knew they had to be there somewhere, but had them out of order on the wrong day. Thanks again.

[vollmond]

I don't know where all this talk about jury nullification comes from in respect to this case. DW has been charged with three things - Murder, Kidnapping and Child Porn. He may be guilty of none or all three, but the laws applicable to the charges are generally accepted as good laws. (CP is debatable based on the Supreme Court rulings). Why would a jury decide that DW is guilty of the charges of murder and kidnapping, but come to the decision that the laws against murder or kidnapping are wrong and vote to let him go? That's what jury nullification is.

[JudyB1938]

These threads have been a learning experience for all aspects of the judicial system. Some topics do not necessarily pertain to Westerfield.

You know the old saying "you had to be there"? Well, that pertains to the THOUSANDS of comments that have been shared in these COUNTLESS threads over the last approximately six months. Getting in this late is the same as getting in on the tailend of a conversation.

[PFKEY]

"That will delight Brenda van Dam, until she finds out what it means".

One of the funniest things I've read in a while.

Thanks for the laugh!!!

[dread78645]

I can't follow your logic on what the jury can/cannot do . It appears that the jury in that "case" wasn't sequestered. Why couldn't Fonda get his own knife?

The jury doesn't do the investigation, it sits in judgement of the LE investigation.

Do you think that juries don't talk about their own ideas in the jury room?

They do, but always within the testimony and evidence.

Who's there to "slap their wrists" if they do?

Your co-jurors will send a note to the judge, "jury tainted" -- mistrial. Some other citizen gets to do what you failed to do.

[dread78645]

There are just 72 virgins, NOT 72 each.

Mondo bummer for the Muslems.
I thought it was one 72 year old virgin named Madeline Albright.

I stand corrected.

[hoosiermama]

ROFLOL literally!

[NatureGirl]

Okay, thanks. As I've said, I've never sat on a jury.

As I said, the only time I was called, the venue was changed. It was Murder Most Foul - a man who had killed his wife and his business partner with strychnine - like something out of a Victorian novel.

[Jaded]

Stop it, Dread, you made me snort. I'm laughing so hard, I woke the cats up. They are not happy.

[NatureGirl]

Ooooh...I'm repeating myself. I'd better go now.

[hoosiermama]

And I had heard it was 72 Virginian. Washington, Jefferson etc leading the pack!