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To: djf

Yep - sometimes I assume the sarcasm tag is not really needed. I spend too much time in my own head and expect others to pick up on my “witticisms” without prodding. Should know better - it took my wife about 6 nyears to become attuned to my thought process.


6 posted on 01/08/2012 7:27:04 AM PST by trebb ("If a man will not work, he should not eat" From 2 Thes 3)
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To: trebb

Well, should be an interesting show.

It is interesting to know a bit about the history of fully informed juries. It was well accepted in early America that the juries had the right and duty to judge the defendant AS WELL AS JUDGE THE LAW!!

Until a case came before the Supreme Court. A person who had been convicted appealed to the Supreme Court because in the trial that convicted him, the jury was not informed of it’s right to judge the law. The defendant argued in the Supreme Court that this was a reversible error and the conviction should be overturned.

The SC disagreed, and said it was not an error. But the SC NEVER said the trial court could not be informed, just that it was not REQUIRED to be informed.

Sparf V Hanson, I forget the exact citation.

It’s also interesting that if an attorney tries to bring up FIJA or jury nullification, quicker than snot the judge will likely threaten him. Most likely not with contempt of court, most likely the judge will threaten him with being “disbarred”.

“Disbarred”???
Huh??

Stripped of his license to “practice” law?
Kicked out of a “private club”?

How did some private club take over the administration of justice in America?


9 posted on 01/08/2012 7:47:39 AM PST by djf (http://www.freerepublic.com/focus/f-chat/2801220/posts)
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