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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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To: djf

I served on a jury a few years ago. It was really an open and shut case of assault with a deadly weapon - 8 witnesses and a man with brain damage and lucky to be alive due to a terrible beating from a length of 2x4. My cohorts didn’t want to convict because the poor perp might serve jail time! I admit to castigating them and explaining the law they had sworn to uphold and laying out the case from beginning to end. They finally agreed to convict. Once the verdict was in, we were told that the guy was on the lam from another State for doing the same thing and that other State also had an open-shut case against him and wanted extradition to try him there too. While past actions don’t infer guilt, there are situations where they are extremely relevant.


11 posted on 01/08/2012 7:55:36 AM PST by trebb ("If a man will not work, he should not eat" From 2 Thes 3)
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To: djf

“Kicked out of a “private club”?

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

That’s easy, an uninformed public (uninformed by “the watchdog of democracy” the media on purpose) sat by quietly and did nothing as lawyers made our laws. A legislator who is a lawyer has an automatic conflict of interest.


14 posted on 01/08/2012 8:10:55 AM PST by fella ("As it was before Noah, so shall it be again.")
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