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To: AnAmericanMother
With that said, where the jury holds absolute sway is on the FACTS. And applying the charged law to the facts. Plenty of wiggle room there for a jury of decent intelligence without overthrowing the law.

A jury's acquittal in a criminal case is not subject to review or appeal. Jury deliberations are secret. If even one juror considers the law to be unjust or unreasonable, then it is that juror's right and duty to return a not-guilty verdict regardless of the judge's instructions or the letter of the law.

A trial by jury is the people's avenue for VETO of unjust law.

"The jury has a right to judge both the law as well as the fact in controversy." - John Jay, First Supreme Court Justice of the United States [1789]

"The jury has the power to bring a verdict in the teeth of both law and fact." - Oliver Wendell Holmes [1902]

Perhaps the last juror doesn't feel that an e-mail account username and password qualifies as a "means of identification" under the letter of Tenn. Code Ann. § 39-14-150, because it is not a government-issued ID number, not biometric data, and is not a code which allows one to financially encumber the legitimate owner.

If that's the crux of the disagreement, than I think the holdout is correct.

51 posted on 04/29/2010 12:44:39 PM PDT by mvpel (Michael Pelletier)
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To: mvpel; AnAmericanMother
You were saying ...

A jury's acquittal in a criminal case is not subject to review or appeal. Jury deliberations are secret. If even one juror considers the law to be unjust or unreasonable, then it is that juror's right and duty to return a not-guilty verdict regardless of the judge's instructions or the letter of the law.

Quite true...

And for others to read up on it... see Post #66 ...

88 posted on 04/29/2010 1:03:53 PM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: mvpel
it must certainly can financially encumber her and HAS done just exactly that the second she had to hire a lawyer...
137 posted on 04/29/2010 3:59:32 PM PDT by Chode (American Hedonist *DTOM* -ww- NO Pity for the LAZY)
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