Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: Still Thinking
That's one of a jury's functions, to catch those cases where a literal interpretation of the law would produce an injustice.

Yeah, well there's the problem. Who's definition of "injustice" will the jury use?

Would you be keen on a jury with that attitude if you were on trial for shooting someone in self-defense? ...and the jury was a bunch of gun-grabbers? It would be a big "injustice" in some people's eyes for anyone to be set free after shooting some poor, disadvantaged kid.

Jury nullification is a dangerous double-edged sword.

15 posted on 04/28/2010 9:42:33 AM PDT by TChris ("Hello", the politician lied.)
[ Post Reply | Private Reply | To 4 | View Replies ]


To: TChris
Who's definition of "injustice" will the jury use?

Their own. That was the plan. Yes, it will vary slightly from jury to jury. But there needs to be a check on government from passing laws not accepted by the public.

16 posted on 04/28/2010 10:55:48 AM PDT by Still Thinking (Freedom is NOT a loophole!)
[ Post Reply | Private Reply | To 15 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson