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To: Richard Kimball
While a juror might decide on his own that he would vote not guilty because he did not agree with the law, that does not mean the jury has the legal right to challenge the validity of the law.

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The Supreme Court has ruled otherwise.

In fact, the instructions to the jury in the first jury trial before the Supreme Court of the United States illustrate the true power of the jury. Chief Justice John Jay said: "It is presumed, that juries are the best judges of facts; it is, on the other hand, presumed that courts are the best judges of law. But still both objects are within your power of decision." "...you have a right to take it upon yourselves to judge of both, and to determine the law as well as the fact in controversy".

84 posted on 02/18/2006 6:12:21 PM PST by SUSSA
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To: SUSSA
'Course that is soooooo 19th century.

We have a Living Constitution and Living Gods in black robes now...

86 posted on 02/18/2006 6:17:14 PM PST by null and void (before the darkness there's a moment of light, when everything seems so clear)
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To: SUSSA

Citation, please.


89 posted on 02/18/2006 6:21:27 PM PST by Gordongekko909 (I know. Let's cut his WHOLE BODY off.)
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To: SUSSA

When was the last jury trial before SCOTUS?


95 posted on 02/18/2006 6:30:29 PM PST by BenLurkin (O beautiful for patriot dream - that sees beyond the years)
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To: SUSSA

Color me corrected. Thanks for the info.


103 posted on 02/18/2006 6:50:32 PM PST by Richard Kimball (I like to make everyone's day a little more surreal)
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