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To: IncPen
Is there anything to prevent a jury (not this one, but any jury) from saying, ‘this law is unconstitutional’ and tossing the whole shebang?

Yep. It's called "jury nullification". They decide to acquit despite the evidence. I once saw this in a NYC trial wherein a shopkeeper shot an armed robber to death, and the D.A. charged him with unlawful possession of a handgun. The jury simply acquitted him. The judge and D.A. were pissed. Nothing they could do.

21 posted on 10/10/2007 10:06:51 PM PDT by montag813 (1)
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To: montag813
Yep. It's called "jury nullification". They decide to acquit despite the evidence. I once saw this in a NYC trial wherein a shopkeeper shot an armed robber to death, and the D.A. charged him with unlawful possession of a handgun. The jury simply acquitted him. The judge and D.A. were pissed. Nothing they could do.

Except declare a mistrial if a juror admits they acquitted because they don't approve of the law. Jury nullification is not legal in the US. I think that's an outrage, but judges will throw you off a jury or set aside a jury verdict if they think that's what's going on.

Jury nullification was one of those rights of Englishmen our ancestors thought they were fighting to preserve.

25 posted on 10/10/2007 10:28:14 PM PDT by antinomian
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