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To: Cyber Liberty

She also makes a good point about the courts becoming wildly unpredictable and unjust if nullification becomes common (which is a situation that presently exists).


You write this as if it is a bad thing for juries to refuse to convict a defendant of violating an unjust law.

As late as the 1950s the Supreme Court wrote that a jury has both the right and the obligation to adjudge both the offense and the law itself; this is the third box which acts as a check on out of control governments (soap box, voting box, jury box, cartridge box).

As I recall, Prohibition (the 18th amendment) was repealed in part because prosecutors decided that prosecuting the suppliers of alcohol was ineffective, so they went after the demand by arresting people who drank alcohol; and juries then refused to convict them.

The only reason that more people are not acquitted of drug offenses is that judges now excuse from jury pools anyone who even knows what “jury nullification” means (which violates the right to a jury of your peers).


40 posted on 08/07/2013 3:48:43 PM PDT by Mack the knife
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To: Mack the knife
You write this as if it is a bad thing for juries to refuse to convict a defendant of violating an unjust law.

Did you, by any chance, actually read the article? Just asking.

42 posted on 08/07/2013 4:23:58 PM PDT by Cyber Liberty (Justice for Trayvon: Dig up his body and shoot him again.)
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