Free Republic
Browse · Search
News/Activism
Topics · Post Article

Only judges are allowed to influence juries, even if they do so in unconstitutional ways.
1 posted on 02/25/2011 10:52:22 AM PST by Second Amendment First
[ Post Reply | Private Reply | View Replies ]


Navigation: use the links below to view more comments.
first 1-2021-36 next last
To: Second Amendment First

No doubt the defendant has taken lessons from the Dear Leader. You don’t like the law just ignore it or do how you FEEL about it!


2 posted on 02/25/2011 10:55:37 AM PST by texson66 (Congress does not draw to its halls those who love liberty. It draws those who love power .)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Second Amendment First

If he were tried and I were a juror and lacking evidence that he attempted to affect specific outcomes on specific cases, I would nullify these charges.


3 posted on 02/25/2011 10:56:54 AM PST by swain_forkbeard (Rationality may not be sufficient, but it is necessary.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Second Amendment First
Sounds like he is a pain in the judges' nether regions and other people in general, but he's not doing anything illegal. Judges would have you believe that they are the law in all aspects of jury deliberations. Jury nullification is a direct threat to their authority.
6 posted on 02/25/2011 11:00:20 AM PST by Truth29
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Second Amendment First

Is that like Presidential nullification of DOMA?


8 posted on 02/25/2011 11:00:35 AM PST by AU72
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Second Amendment First

That is not jury tampering.

To inform juries of their constitutional rights is not tampering.

Attempting to influence their vote is. He was not trying to tell them to vote one way or the other on anything.

He’d better win this case.


9 posted on 02/25/2011 11:00:53 AM PST by Persevero (Homeschooling for Excellence since 1992)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Second Amendment First

I think I saw that guy at the O.J. trial.


13 posted on 02/25/2011 11:01:32 AM PST by Wolfie
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Second Amendment First

It sounds like free speech to me. We see a lot worse speech—seditious, vicious—every day, but no one interferes. Look at Wisconson... or MSNBC.


14 posted on 02/25/2011 11:01:32 AM PST by Pearls Before Swine (/s, in case you need to ask)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Second Amendment First

this is what he was handing out:

http://fija.org/download/BR_YYYY_true_or_false.pdf

...oh, the horror!


16 posted on 02/25/2011 11:02:27 AM PST by WOBBLY BOB ( "I don't want the majority if we don't stand for something"- Jim Demint)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Second Amendment First

OJ’s attorney argued nullification based on racial payback.


18 posted on 02/25/2011 11:02:59 AM PST by AU72
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Second Amendment First
Blast from the past:

In the Nannygate matter of 1993, Wood was Bill Clinton's second unsuccessful choice for United States Attorney General.[7] Like Clinton's previous nominee, Zoë Baird, Wood had hired an illegal alien as a nanny; although, unlike Baird, she had paid the required taxes on the employee and had broken no laws. Wood employed the undocumented immigrant at a time when it was legal to do so, before enactment of the Immigration Reform and Control Act of 1986 made hiring of undocumented workers unlawful.[8] The threat of a repetition of the same controversy quickly led to a withdrawal of Wood from consideration. Janet Reno was later nominated and confirmed for the post.

19 posted on 02/25/2011 11:02:59 AM PST by ArrogantBustard (Western Civilization is Aborting, Buggering, and Contracepting itself out of existence.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Second Amendment First
Nullification is a valid concept, like other things as our voluntary income tax structure or commerce clause or... Our activist friend shall get time to discuss such matters in a shiny new federal institution with like minded peoples.
24 posted on 02/25/2011 11:05:46 AM PST by mmercier (despite all your rage, you are just a rat in a cage)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Second Amendment First
Another moron government action.

The publicity over this will destroy citizen confidence in the Just Us system far more than this guy's pamphlets, and he'll beat the rap with twelve jurors nullifying instead of one.

29 posted on 02/25/2011 11:09:18 AM PST by Navy Patriot (Sarah and the Conservatives will rock your world.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Second Amendment First

>>Only judges are allowed to influence juries, even if they do so in unconstitutional ways.<<

In the courtroom, but handing out pamphlets on the street is a free speech issue. Now, if what he is saying is false, that is another matter.

I’ve been on two juries, both of which were for trials that lasted roughly a month. In both cases I told my fellow jurors that, regardless of what the judge instructs, each of us can individually decide which way to vote in any way we see fit, even if it’s because you don’t like the guys heairstyle. It’s really only common sense.

I did not know at the time that it was called jury nullification (it was 20 years ago) but I knew enough about law to look up the responsibilities of the individual juror, plus, I saw 12 angry men. ;)


31 posted on 02/25/2011 11:10:19 AM PST by RobRoy (The US Today: Revelation 18:4)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Second Amendment First

His pamphlet should be entered into evidence, and trial by jury.

The jury can then examine the evidence.


38 posted on 02/25/2011 11:16:10 AM PST by Balding_Eagle (Overproduction, one of the top five worries of the American Farmer each and every year..)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Second Amendment First
But federal prosecutors

What are their names? Why did they do this unconscionable act?

Free Speech is "jury tampering"?

These SOB's can't even get an indictment against Mafia gangsters who really are doing that, and they go after a decent man on the street?

Despicable. Tell us who they are so we can heap shame on them.

41 posted on 02/25/2011 11:18:52 AM PST by Regulator (Watch Out! Americans are on the March! America Forever, Mexico Never!)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Second Amendment First

Scuttlebutt from a long ago, dismissed, hung-jury, marijuana smoking case in California.

“It they want to smoke pot, let them.”


42 posted on 02/25/2011 11:19:05 AM PST by OldNavyVet (One trillion days, at 365 days per year, is 2,739,726,027 years ... almost 3 billion years)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Second Amendment First
Just my opinion. This guy is doing the work the judges ought to be doing by informing the public of their rights and responsibilities as jurors. Any judge that does not tell the jurors of their constitutional rights as jurors is in breach of his/her oath of office and should not be allowed on the bench.

When one is asked a question and the answer does not include the "whole truth" re critical information to make an informed decision, is that lying? When I was a kid, my dad thought so.

44 posted on 02/25/2011 11:22:34 AM PST by drypowder
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Second Amendment First

Conscientious juuries frighten the heck out of out corrupt LEO/Judiciary complex.


47 posted on 02/25/2011 11:24:54 AM PST by Seruzawa (What's Democrat's legacy? Almost 1/2 million dead US soldiers and collapsed cities.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Second Amendment First
Wood, Kimba Maureen
Born 1944 in Port Townsend, WA

Federal Judicial Service:
Judge, U. S. District Court, Southern District of New York
Nominated by Ronald Reagan on December 18, 1987, to a seat vacated by Constance Baker Motley; Confirmed by the Senate on April 19, 1988, and received commission on April 20, 1988. Served as chief judge, 2006-2009. Assumed senior status on June 1, 2009.

Education:
Connecticut College, B.A., 1965
London School of Economics, M.Sc., 1966
Harvard Law School, J.D., 1969

Professional Career:
Private practice, Washington, DC, 1969-1970
Attorney, Office of Legal Services, Office of Economic Opportunity, Washington, DC, 1970-1971
Private practice, New York City, 1971-1988

53 posted on 02/25/2011 11:32:04 AM PST by SmithL
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Second Amendment First

During prohibition, especially in Florida, jurors just plain refused to convict rum runners. This irritated prosecutors so much that they first subverted the right against double jeopardy, but that didn’t work, because they couldn’t get a jury to convict no matter how hard they tried.

So judges hit on the idea of using an injunction against them that was so restrictive they couldn’t conduct business. This worked, because if they violated terms of their injunction, they would immediately be taken before that same judge, who would convict them on the spot for “contempt of court”, which didn’t merit a jury trial. So that was up to one year in jail.

Almost immediately this was corrupted so that there was no way they could *not* violate the injunction, including the use of clearly unconstitutional restrictions.

And even when prohibition ended, these techniques did not. Some are still in use. So while jury nullification might work for a while, a court system that does not care what the public thinks will seek to overcome it.


57 posted on 02/25/2011 11:34:10 AM PST by yefragetuwrabrumuy
[ Post Reply | Private Reply | To 1 | View Replies ]


Navigation: use the links below to view more comments.
first 1-2021-36 next last

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson