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To: whodathunkit

Upon reflection, I realized that I didn’t really answer your question in my previous post.

If citizens really understood the powers they have as jurors or the law required judges instruct them as to those powers courtrooms would be vastly different places. There would be, IMHO, far fewer jury trials for one thing.


85 posted on 03/23/2009 5:55:59 PM PDT by Bigun ("It is difficult to free fools from the chains they revere." Voltaire)
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To: Bigun; whodathunkit
This is an interesting topic and would be most helpful when we get to the trial of Hank Rearden in the chapter titled "The Sanction of the Victim."

You fellows might want to do some research on the Fully Informed Jury Association and their treatment by judges and prosecutors.

86 posted on 03/23/2009 6:05:12 PM PDT by Publius (The Quadri-Metallic Standard: Gold and silver for commerce, lead and brass for protection.)
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To: Bigun
Thanks Bigun for your thoughtful replies.

The reason that I mentioned jury nullification is to point out that all of our options have not yet been exercised.

An example would be the refusal of a fully informed jury to convict a person of illegal firearm possession even though the letter of the law had been violated. If the possession had nothing to do with the commission or intent of a crime, is it conscionable to convict?

As far as fewer jury trials, I believe it could work either way. Some may think that they have a better chance with a jury unbound by statute law. I believe though (as I think our founders did) that the majority of jurors would be aware that they have to live in the same society as the person on trial once released.

In Atlas Shrugged, so far, there does not seem to be any checks to the powers that be. Hank Rearden only grudgingly had a lobbyist in Washington and even then he didn't keep informed about the direction of government. This seems to be a character flaw in that he is too focused on the production of his metal and not fully aware of the impact of the social changes that are occurring. Rearden certainly has the financial ability to fight but chooses not to.

88 posted on 03/23/2009 6:50:48 PM PDT by whodathunkit (Shrugging as I leave for the Gulch)
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