Sounds like a case needing jury nullification.
Sounds like a case needing jury nullification.
I was on the jury in two several week cases in King County Superior court (in seattle). When we retired to deliberate, I informed both juries about Jury nullification. It was kinda eye opening for all of them. This was in the late 80’s.
It took some a bit of time to understand that since a judge can’t ask you what you base your opinion on, but only what your individual verdict is, there is nothing they can do.
She needed to have downloaded these conversations to her own private server in her basement. No prosecutor would take this case because there was no intent to break the law.
JURY RIGHTS
The jury has the right to judge both the law as well as the fact in controversy. John Jay, T
Chief Justice U.S. supreme Court, 1789
The jury has the right to determine both the law and the facts. Samuel Chase, U.S. supreme
Court Justice, 1796, Signer of the unanimous Declaration
The jury has the power to bring a verdict in the teeth of both law and fact. Oliver Wendell
Holmes, U.S. supreme Court Justice, 1902
The law itself is on trial quite as much as the cause which is to be decided. Harlan F. Stone,
12 Chief Justice U.S. supreme Court, 1941
The pages of history shine on instances of the jurys exercise of its prerogative to disregard
nd
instructions of the judge... U.S. vs. Dougherty, 473 F 2 1113, 1139. (1972)
https://archive.org/stream/CitizensRuleBookJuryHandbook/citizen_djvu.txt