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To: HamiltonJay
You seem to be trying to pick a fight with Protagoras, and I don't know why. "Jury nullification" is an imprecise term, as it seems to imply that a law has been nullified. Of course, when a jury acquits based on their opinon that the law is unjust or illegal, the law is not nullified, it is simply not allowed to be applied in one particular case. An acquittal is an acquittal, and regardless of the reasons, double jeopardy applies and the defendant can never be tried for that offense again.

If one juror votes not guilty based on his view of the law, that creates a hung jury and a mistrial will be declared. The defendant can be tried again (and again and again) until a unanimous verdict is reached one way or another.

I don't think that what you have said is any different than what I just said, but then I don't think that Protagorous said anything different either. I just don't see what has gotten you so hot and bothered.
204 posted on 03/12/2003 11:52:24 AM PST by Iwo Jima
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To: Iwo Jima
I just don't see what has gotten you so hot and bothered.

History.

209 posted on 03/12/2003 12:00:43 PM PST by Protagoras
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