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To: oldfart
The question of jury nullification is anything but new and has been mentioned in a number of previous cases.

I didn't say it was new.

But, it is not part of current jurisprudence for juries to make judgements on the law. They judge facts in light of the law.

207 posted on 05/16/2002 12:26:42 PM PDT by sinkspur
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To: sinkspur
As I tried to point out in my earlier, longer post; Law = history. At some point... some here say it occurred in the 1890s, the idea of jury nullification stopped being promulgated. That is, the judges stopped talking about it, the juries stopped thinking about it and it pretty well stopped. But, like a lot of things in this world, it isn't dead. It can be revived if enough people are willing to stop thinking the judge is the supreme power in the court. He is not! The jury is!
The judge has the power of the state to back him up. As I'm sure you will admit, the state isn't always right. Occasionally the law is wrong and waiting for the judge to correct it will get you a long beard but not much else.
A case in point: In central Europe, during the 2nd World War, huge numbers of Jews, Gypies and others were gassed and cremated... legally! Hitler had rammed laws through which gave him the power to do pretty much whatever he wanted. Was the state right? Most people don't think so now and a lot of people didn't think so then. Some of the prison camp guards who herded their prisoners into the gas chambers thought what they were doing was wrong, but if they had said anything they'd have been in the next batch.
That is the power of the state.
I have a book upstairs that shows me how to build a perfectly good machine gun. Why haven't I built it? Because I fear the power of the state. If I got caught with it I'd be getting my sunlight in cans for the next ten years. Is this the way citizens are supposed to view their government? Not according to the founders.
But who cares about a bunch of dead white guys anyhow?
220 posted on 05/16/2002 12:51:24 PM PDT by oldfart
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