@Ren - You're still overlooking the 800lb gorilla in the picture.
-40hz
If you mean the thugs that call themselves "government" or "government employees", well, no argument that they are the 800lb gorilla.
re: jury nullification
Again, almost always in movies.
-40hz
No.
http://en.wikipedia....i/Jury_nullificationhttp://en.wikipedia....wiki/R_v_MorgentalerR v Morgentaler [1] was a decision of the Supreme Court of Canada which held that the abortion provision in the Criminal Code of Canada was unconstitutional, as it violated a woman's right under section 7 of the Canadian Charter of Rights and Freedoms to security of person. Since this ruling, there have been no criminal laws regulating abortion in Canada.
Jury nullification there. And one of the most important cases in Canadian law.
A paper on it here:
http://www.academia....n_a_Canadian_Contextp. 62~64 (screwed formatting)
The unanimous decision in Krieger was written by Justice Fish and it further demonstrates the Supreme Court of Canada‘s willingness to link law and morality, embracing edicts of natural law. The Supreme Courtaffirmed the not guilty verdict which the trial jury would have rendered because they believed more so in the process than the plain meaning interpretation of the statute. Fish states
It has since then (in 1670, when jurors were fined and imprisoned for a ―not guilty verdict) been well established that under the system of justice we have inherited fromEngland juries are not entitled as a matter of right to refuse to apply the law — but they do have the power to do so when their consciences permit of no other course.
This paragraph is suggestive that the judges of the Supreme Court believe in juries using their own morality. Justice Fish is quick to point out that the process of refusing to apply the law, or nullification is not ― a matter of right but that the power to do so exists, only when it is deemedby that jury to be absolutely necessary. When a jury‘s collective conscience tells them that thereis ―no other course‖ of action this is when nullification is absolutely necessary, as the jury felt in
was the situation in this case. Furthermore, the Court continues into the next paragraph by stating
63
case law from 1784 that they have used throughout Canadian jurisprudence as the base for jurynullification:
It is the duty of the Judge, in all cases of general justice, to tell the jury how to do right,though they have it in their power to do wrong, which is a matter entirely between Godand their own consciences.
Justice Fish indicates that while the Court has decided in this case and going forward that trial judges should not instruct jurors on how to find, that judges should still instruct jurors on what is the most appropriate legal course of action, or how to ―do right. Whether or not a jury chooses to abide by that course of action is, as the Supreme Court decided in this case, up to them.
Fish is here:
http://scc.lexum.umo...scc47/2006scc47.htmlCached here (I couldn't load it):
http://webcache.goog...=au&client=operaJust one important snippet from there:
The trial judge deprived the accused of his constitutional right to a trial by jury when he directed the jury to find the accused guilty as charged. The trial judge’s direction was not a “slip of the tongue” to be evaluated in the context of the charge as a whole; nor is this a matter of assessing the impact of subtle language susceptible to different interpretations. His purpose and words were clear. In effect, the trial judge reduced the jury’s role to a ceremonial one: He ordered the conviction and left to the jury, as a matter of form but not of substance, its delivery in open court.
A kind of important point there.
Attorneys are expected to argue for the law as it applies to the case, and the facts as presented. It's generally been seen as a violation of an attorney's oath (as an officer of the court) for one to ask a jury to ignore the law as it exists when considering their verdict.
-40hz
Juries are perfectly free to ignore the law. That's the point. Talking about the "officer of the court" being paid to railroad people and ensure that the jury is ignorant of their rights, and flat out deceived about them... that's another matter.
And there's also a great deal of legal precedent that says that even though juries may choose to nullify, the courts are under no obligation to tell them they can - or - to allow an attorney on either side to so inform them. And that opinion goes back a number of years, and was the determination made in several different rulings on the subject of jury nullification.
-40hz
Not to be snotty or anything, but I'm not sure whether you're trying to be deliberately beligerent or whether you just don't know that the judge in this case explicitly banned the defense from mentioning it (see below re: 1st amendment). (Are you just screwing with me for kicks? I can't say as I'd blame you -- it can be fun trolling sometimes, and I'm a good target.

)
For a judge to forbid someone to defend themself is beyond unconscionable.
I really don't understand how you don't see this.
Just to be clear... the judge **threatened** the defense and explicitly forbade the defense from using jury nullification in their defense.
So while it may seem like a cool idea for juries to take the initiative and override a law they disagree with when reaching a verdict (and they legally can do just that under US law) it's a dangerous road to go down. Because if it becomes commonplace, the entire legal system goes out the door and you have a small-scale version of mob rule in effect. Which means it's not the law, or the facts in a case, but rather the jury selection that becomes the deciding factor in obtaining a judgement. Which is ripe for abuse by both the prosecution and the defence.
-40hz
Any country with common law. Canada, Australia, etc.
And, uh, no. Not a bad road at all.
Remember... the next box is the cartridge box... Best to avoid that.
Jury nullification is not "setting murderers free". Jury nullification is a judgement against a law.
e.g. Tomorrow possessing ginger ale is made illegal, and the police show up to arrest me (I just bottled another batch earlier today). It goes to trial. The jury votes "not guilty" knowing damn well that I had ginger ale.
That's not a statement about me -- it's a statement that the law is wrong.
i.e. "He had ginger ale. So what? Stupid law. Not guilty of anything that should be punishable."
It is very different from cases like that fellow in Florida in the late 80s who killed his wife, but got off with the defense "justifiable homicide". Very big difference. The laws against murder weren't nullified there.
This (proscribing jury nullification as a defense) is a BLATANT violation of the first amendment to the US Constitution in limiting what someone can say.
There's no wiggle room here. None. Zero. Nadda. Zilch. Zippo. Done. That's all she wrote.
The US Constitution, as other national constitutions, is meant to limit or set forth the power of the government, and banning speech is not one of the powers granted to the US government. In fact, it is explicitly forbidden.
Laws that violate the constitution are not valid laws. We have a special word for them: "unconstitutional".
But, but, but, but...
No. Read the first amendment.

But, but, but, but...
The first amendment.

Jury nullification is NOT open for abuse like you make it out to be.
But, if you can explain just how a finding of "not guilty" can benefit the prosecution, well, I'll be damn impressed!

As for the issue of jury selection... c'mon... Really?
The prosecution gets an UNLIMITED number of dismissals. The defense has a limited number. Jury selection is (INFINITELY) HEAVILY weighted in favour of the prosecution already, so trying to confuse the issue of jury nullification with jury selection just doesn't hold water. The prosecution already has an INFINITE advantage there. What more do they need? Infinity + 1? An infinite set of infinities? C'mon... We both know that
Cantor's Theorem doesn't apply here.

This case was a joke from the start.