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To: The Other Harry
But how often do juries think the "law is wrong"? Very, very rarely.

Read the judge's instructions.
540 posted on 08/09/2002 7:18:55 PM PDT by the Deejay
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To: the Deejay
DJ please post a link to the Judges instructions. Thanks!
545 posted on 08/09/2002 7:24:05 PM PDT by hoosiermama
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To: the Deejay
But how often do juries think the "law is wrong"? Very, very rarely.

That's as it should be.

(Fwiw, my internet connection broke and I had to take the dog for a walk.)

I doubt we disagree all that much on this.

As one example, I am opposed to abortion. Still, I would vote to convict anyone who killed a physician who performed them.

On the other hand, there are many states where it is illegal to use deadly force against anyone who hasn't actually entered the home. I would never vote to convict someone who used deadly force against someone who was clearly trying to enter that home with bad intentions.

The line may be thin and I think the default has to always be on the side of the law, but I also think jurors should realize they have the right to exercise discretion.

There used to be some discussion of something called the "Fully Informed Jury Act." The final instruction that the judge would be required to give the jury would be that, "Regardless of the instructions I just gave you, you have the right to vote however you think is right in this matter." Something like that.

To me, that is the essential right of the people who live in a democratic society. Governments can and do sometimes pass pass laws. They also sometimes try to enforce good laws inappopriately. The bottom line is the jury.

562 posted on 08/09/2002 8:27:34 PM PDT by The Other Harry
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