Showing posts with label jury nullification. Show all posts
Showing posts with label jury nullification. Show all posts

Frank Parlato: It's Time You Understood Jury Nullification

Justice is a result, not simply a process.   Jury nullification is the term used when a jury – or even a single juror – votes to acquit a criminal defendant who is technically guilty, but who juror(s) do not believe deserve punishment. It occurs in a trial when a jury reaches a verdict contrary to the judge’s instructions. It occurs when a single juror  ... MORE

Tampering Charges Dropped Against Jury Rights Advocate

by Barry Donegan.  Judge acknowledges the First Amendment. District Court Judge Kenneth Plotz dismissed all charges on Wednesday against jury nullification activists Eric Brandt and Mark Iannicelli, who had been charged in July with seven felony counts of jury tampering while handing out Fully Informed Jury Association flyers with general        ... MORE

Man Charged With A Felony For Passing Out Jury Right Flyers Demands The Names Of These 'Tampered Jurors'

by Bob Unruh.       Defending a First Amendment assault. A lawyer representing a Michigan man accused of jury tampering for handing out brochures about the concept of jury nullification – essentially jurors voting their conscience no matter their instructions from prosecutors and judges – now wants to talk to potential jurors who may have been in the   ... MORE

Montana Man Walks Thanks To Jury Nullification

From the Tenth Amendment Center. In Montana, citizens rendered a marijuana law unenforceable through jury nullification. Recently, a man was arrested for possessing a small amount of marijuana, but the judge could not find one single person willing to sit on a jury and convict him. Unable to seat a jury, the judge was forced to give up and offer ...  MORE

Free Speech Be Damned: Tyrannical Judge Orders Man Arrested And Jailed For Handing Out Jury Rights Fliers

by Barton Deiters.   Because justice is a result, not just a process. A 39-year-old former pastor was arrested and jailed in Mecosta County after he handed out fliers informing people about jury nullification in front of the county courthouse. Keith Wood said he was handing out pamphlets from the Fully Informed Jury Association on Nov. 24 while        ... MORE

Justin Gardner: Colorado Juries Keep Letting People Go for Driving on Weed; The Prosecutors And Cops Are Furious

When the state is arbitrary and capricious. Colorado prosecutors are getting frustrated at jurors for daring to exercise rationality instead of blindly following the will of the State. A growing number of juries are acquitting people of driving under the influence of cannabis, even when tests show they are over the state’s legal blood-THC limit.   ... MORE

Mario Nicolais: Jury Nullification In Colorado Spotlight

The law you won't be told.  “God gives air to men; the law sells it to them.” — Victor Hugo, Les Miserables Such is the disdain proponents of jury nullification feel toward laws and prosecutions they believe to be unjust. Generally the province of a small but passionate and vocal few, jury nullification found itself in headlines and on editorial pages ... MORE

Jury Nullification Has Long History Of Righting Wrong Laws

by Frank Parlato.     Because justice is a result, not just a process. In 1215, when the Barons of England compelled King John to sign the Magna Carta, trial by jury was established. The King now had to seek permission through 12 citizens unanimous in their verdict before he could take anyone's freedom away. That’s why we have jury trials: To    ... MORE

Massachusetts Considers Fully-Informed Jury Legislation

Because justice is a result, not just a process.      A bill under consideration in the Massachusetts House would reaffirm the right of jury nullification by explicitly allowing defendants to tell jurors about their ability to nullify unjust or immoral laws. Introduced by Reps. Elizabeth Poirier (R-North Attleboro) and Paul Heroux (D-Attleboro), House  ... MORE

Keith Crosby: Stand Up Now Or Kneel Forever

Judge wisely.     In the United States a jury of 12 has much more power than the attorneys or judges want you to know. I urge all who are honored to serve either as a Grand Juror or Petit Juror to study and know this power before appearing to serve. John Jay, the first chief justice of our Supreme Court and a Founding Father, said, "It is presumed that ... MORE

Don’t Forget The Jury’s Power To Rule On Moral Grounds

by James Weeks II.        In recent years, many people have fallen victim to government tyranny, everything from drug offenses to tax resisters. Historically, going back to the Magna Carta, it has been the job of the jury to stand in the way of government tyranny and judge the law as well as the case. Jury nullification was used to deny convictions  ... MORE

Protect Free Speech Inside And Outside Of Courtrooms

Because justice is a result, not just a process.  In 2012, an 80-year-old retired chemistry professor was indicted on jury tampering charges for passing out brochures in a plaza outside a federal courthouse in New York. Those brochures regarded "jury nullification," an option available to jurors who might agree that a defendant broke the  ... MORE

Denver Concedes Distributing Jury Nullification Pamphlets Near A Courthouse Is Constitutionally Protected Speech

by Jacob Sullum.  But, it still won't drop charges against those arrested for doing so.   Yesterday a federal judge in Denver issued a preliminary injunction protecting the First Amendment rights of activists who want to distribute jury nullification pamphlets outside the Lindsey-Flanigan Courthouse. Two activists, Mark Iannicelli and Eric Brandt, did  ... MORE

AP: Federal Court To Hear Challenge To Jury Nullification

Free speech under assault.     A federal judge is scheduled to hear evidence in a lawsuit arguing that a Denver judge cannot bar people from telling potential jurors outside a courthouse that they have a right to ignore laws they believe are wrong. Attorney David Lane filed a lawsuit against the city and Denver police, asking a federal judge to   ... MORE

We Are The Government: The Power Of Jury Nullification

by John W. Whitehead. Saddled with a corporate media that marches in lockstep with the government, elected officials who dance to the tune of their corporate benefactors, and a court system that serves to maintain order rather than mete out justice, Americans often feel as if they have no voice and no recourse when it comes to holding government    ... MORE

Denver Post Editorial: Jury Nullification Is Not A Crime

City violates First Amendment rights.     More force, threats and intimidation from government. It is astonishing that Denver police would arrest someone for handing out political literature outside a courthouse. It's even more astonishing that prosecutors would charge that person with seven felony counts of jury tampering. Yet that is what happened ... MORE

The Case Against Jury Nullification -- Rebutted

by Ilya Somin, Washington Post.    JUSTICE IS A RESULT, not just a process. In a recent post, co-blogger Orin Kerr offers a thoughtful critique of my and Glenn Reynolds’ recent defenses of jury nullification. Orin’s points have some validity.  But, on balance, I still think that jury nullification is likely to be more beneficial than harmful relative  ... MORE

Explaining Jury Nullification To A Sitting Judge

by Scott Shackford.    I spent a day last week immersed in Los Angeles County's immense judicial system downtown after being summoned to jury duty. My experience was not quite as vividly terrible as Matt Welch's in New York, partly because Los Angeles lets you complete your questionnaire and orientation videos online well in advance, and thus I was   ... MORE