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To: TChris

It is not up to a juror to decide whether a law is unconstitutional. That isn’t what jury nullification is all about anyway.Jury nullification is supposed to be about restorative justice, thwarting the system because the system is unjust in the minds of the certain people. They feel that although the in reality, the accused may be guilty, that since others have paid a price unjustly, they will let the present guilty person off instead. According to the meta narrative of restorative justice and liberation theology, a member of a minority cannot be held guilty of any crime under the system except failing to rebel against the white capitalist system.


68 posted on 05/20/2009 10:26:17 PM PDT by Eva (union motto - Aim for mediocrity, it's only fair.)
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To: Eva
It is not up to a juror to decide whether a law is unconstitutional. That isn’t what jury nullification is all about anyway.Jury nullification is supposed to be about restorative justice, thwarting the system because the system is unjust in the minds of the certain people.

I understand that, thank you.

But courts aren't about justice; they're about the law.

Justice should be the consideration at the time the law is created and enacted. But in order for it to be applied fairly and evenly, courts should rule on facts and the law as written, not "justice". That word means vastly different things to different people, so both judges and jurors go FAR astray of their proper authority when they try to administer "justice".

69 posted on 05/20/2009 10:35:44 PM PDT by TChris (There is no freedom without the possibility of failure.)
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