[Poohbah]

The judge doesn't determine the facts; the jury doesn't determine the law.

If it's a truly unconstitutional law, it needs to be thrown out by the appellate courts--i.e., the folks who DO decide the law--and an acquittal cannot be appealed.

[bvw]

The Jury does not determine the law in general, it does judge in its chambers that a law is a bad law to apply to the particular case before it.

[Abundy]

This case would get remanded for appeal on the Judge's statements alone...I was discussing this report with some of the local defense bar this morning. We all had a good laugh over this refusal to allow the defense counsel to voir dir the juror regarding the constitution...a legitimate question given that it was put to a cop.

Then we all shook our heads and wondered how close to the end of time we were...pretty scary if true: "you will not mention the consitution" - IN A COURTROOM FOR CHRIST SAKE?