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IMPORTANT NOTE ON JURY NULLIFICATION

Posted by Baldust on Friday, March 12 2010 at 08:46:18am
In reply to Re: The jury system is null and void. [2 reasons] posted by Moony on Friday, March 12 2010 at 01:37:47am

If any of you use jury nullification, it is important that you do not explicitly tell anyone WHY you are voting "Not Guilty".

Although the men who founded the United States understood the value of juries as a check against tyranny, and understood the value of jury nullification, the courts do not officially recognize this right. What they DO recognize is that the right of jurors to make their decision is inviolate - that the court cannot force a juror to change their mind or explain to the judge why they made their decision.

What this means is that if you mention to anyone (even another juror) that you believe the law is not valid, they might go to the judge and tell them that you are not cooperative, and you might be taken off the jury and an alternate put in your place. On the other hand, if you cooperate with the deliberation but always end up voting "No" you will probably cause a hung jury, which will, at the very least, allow the defendant a re-trial. If enough people do this, prosecutors will stop bothering with such cases.


More (accurate) information here.



Baldust
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