Showing posts with label justice. Show all posts
Showing posts with label justice. Show all posts

Justice Sotomayor Supports Practice Of Jury Nullification

by Joe Wolverton, II, J.D.  An article published by the Fully Informed Jury Association reports that on February 8, Supreme Court Justice Sonya Sotomayor (shown) told a group gathered at New York University that she disagreed with the Second Circuit Court’s holding in United States vs. Thomas. In that ruling, the court refused to recognize the    ... MORE

Ilya Somin: The Future Of Originalism After Scalia

A long-term war of attrition.     Prominent legal scholar Eric Posner recently argued that originalism is likely to fade away in the aftermath of the death of Justice Antonin Scalia, its leading advocate on the Supreme Court. In Posner’s view, the Supreme Court is virtually the only significant audience for originalist constitutional arguments, and it is      ... MORE

John W. Whitehead: The People Vs The Police State

The struggle for justice in the Supreme Court.    The untimely death of Supreme Court Justice Antonin Scalia has predictably created a political firestorm. Republicans and Democrats, eager to take advantage of an opening on the Supreme Court, have been quick to advance their ideas about Scalia’s replacement. This is just the beginning of the     ... MORE

Andrew Napolitano: Justice Scalia & Constitutional Fidelity

Integrity matters. When the sad news came of the sudden death this past weekend of U.S. Supreme Court Justice Antonin Scalia, I wept for my friend. We had developed a happy friendship during the past 15 years, one which I had selfishly hoped would endure. He permitted his friends to see all of him. We knew him to be in private just as he appeared in   ... MORE

Dennis Sevakis: Is It Possible To Restrain The Federal Judiciary Or Downsize The Federal Government?

A population frozen in an extended adolescence.      When one man, Justice Anthony Kennedy, acting as the deciding swing vote on the Supreme Court, declared that “gay marriage” was now the law of land for a country of some 320 million persons, he may as well have been seated on a planet other than the one originally occupied by the men who   ... MORE

Justice Sotomayor Has Kind Words For Jury Nullification

by Jacob Sullum.   Because justice is a result, not just a process. This week Supreme Court Justice Sonia Sotomayor had some kind words for jury nullification, which empowers jurors to judge the law as well as the facts of a case and may involve disregarding the law when the law is unjust. During a discussion about juries at NYU Law School on   ... MORE

Kade Crockford: This Federal Appeals Court's Ruling Put A Dent In The Police Officers' 'Qualified Immunity' Defense

Cop to be held accountable in killing of unarmed man.    A police officer is not immune from accountability after he points a gun at a non-threatening person, with his finger on the trigger and the safety off, and accidentally fires. So ruled the First Circuit Court of Appeals in Boston last week, in a case that has far-reaching implications for public ... MORE

Jacob Sullum: What Rand Paul Brought To The Race

The fate of the only small government candidate.  During the last Republican presidential debate in which he participated, Rand Paul condemned the National Security Agency's mass collection of Americans' telephone records, cautioned against reckless intervention in Syria's civil war, and declared that a "true fiscal conservative" must "look   ... MORE

VIDEO: The Grand Jury - A Prosecutor's Best Friend


How the grand jury system can be easily manipulated for political purposes.

Why Jury Nullification? New Jersey Man Sentenced To Eight Years In Prison For Growing 17 Marijuana Plants

by MaryAnn Spoto.    Because justice is a result, not simply a process. A Mays Landing man was sentenced to eight years in prison on Friday for growing 17 marijuana plants in the Pinelands. When Jon Peditto was arrested in 2012, he admitted the pot plants were his and told investigators he grew them primarily for his own use but had also ... MORE

Why Grand Juries Are A Prosecutor's Best Friend

by Sara J. Berman.   Choosing evidence to control the outcome. Unlike a preliminary hearing, held in court with the defense side present, the grand jury does not make its decision in the context of an adversary proceeding. Rather, grand jurors see and hear only what prosecutors put before them. (Prosecutors technically have an obligation to     ... MORE

Jury Nullification Anyone? - Planned Parenthood-Linked Prosecutor Fuels Bias Charges Against Pro-Life Activists

by Valerie Richardson.      Pro-life groups cried foul over Monday’s criminal indictments against two Center for Medical Progress investigators because a prosecutor in the Harris County District Attorney’s office is also a Planned Parenthood board member. Lila Rose, founder of the pro-life group Live Action, called for a special prosecutor to review    ... MORE

Jury-Nullification Activist Delivers In-Your-Face Defense

by Bob Unruh.     A Michigan man charged with felony obstruction of justice and jury tampering for handing out a leaflet on jury nullification in front of a courthouse contends the local prosecutor’s objection to the contents of his material doesn’t make his actions a crime. Keith Wood, a former pastor, was arrested Nov. 24 on the orders of Mecosta   ... MORE

Terence P. Jeffrey: Can The Government Force You To Fund The Agenda Of GOP -- Or That Of A Teachers Union?

In a free country, the answer is obvious.    Yet in the Supreme Court last week, it was up to Justice Antonin Scalia to ask the question. "Is it OK to force somebody to contribute to a cause that he does believe in?" Scalia asked. Note: Scalia did not ask if it is OK to force somebody to contribute to a cause he does not believe in. "I wouldn't think,    ... MORE

Boston Police Seek Charges Against Marijuana Advocate

by Milton J. Valencia.      Boston police are seeking criminal charges against Bill Downing, one of the state’s most vocal marijuana legalization supporters, a move that his lawyer calls retaliation for his criticism of the state’s regulation of the medical marijuana industry. A magistrate judge is scheduled to consider whether to approve a complaint filed by  ... MORE

What Passes For Justice In Missouri: Brother And Sister Get More Than 15 Years Each For Growing 12 Marijuana Plants

by Teresa Ressel.    Why you should learn about jury nullification. A brother and sister will be going to prison for a while for growing marijuana in their apartment. On Tuesday, Circuit Court Judge Kenneth W. Pratte sentenced 34-year-old David G. DePriest to 22 years in prison for production of marijuana, possession of more than five grams of   ... MORE

America's History Of Justice: How Jury Nullification Set Wild Bill Hickok Free Although He Killed A Man Illegally!

Because justice is a result, not simply a process.   On July 20 1865, James Butler “Wild Bill” Hickok was playing in a poker game at the Lyon House Hotel in Springfield MO., when a friend of his, Davis Tutt showed up claiming Hickok owed him $45 from an earlier game. Hickok said he only owed $25 since he had paid Tutt $20 some days    ... MORE

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