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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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To: TChris

Yes, exactly. That’s why I don’t support jury nullification. I support jury nullification for restorative justice, and I don’t support it in the case of second amendment rights. There is a place and a system in place to challenge unconstitutional laws. If we abuse that system, we are no better than the post modernist liberals who seek to destroy the Constitution.


70 posted on 05/21/2009 1:32:13 PM PDT by Eva (union motto - Aim for mediocrity, it's only fair.)
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