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#51
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#52
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All potential jurors should read this site: http://fija.org/
And, as an added bonus, if you don't want to serve on a jury, simply tell them you've read that site.. |
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#53
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I will never be selected to jury service. I am stauchly anti government, pro drug, anti death penalty, etc.
I would love to serve on a jury in a federal drug trafficking case because regardless of the circumstances I would have no choice but to find the defendant not guilty on the principle of jury nullification. I would imagine that it's not okay to lie on the questionnaire but if I could skirt the questions and make it onto the jury for any drug related or death penalty case, I would thoroughly enjoy it. |
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#54
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I think you'd have a pretty tough time of it since juror questionnaires always ask if you can impartially apply the law according to the jury instructions.
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#55
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I realize this is not a popular tactic, but there have been cases of individuals truthfully answering juror surveys, making it on the jury, and voting not guilty to drug cases on the principle of jury nullification. Whether that was the intent going into the case, I do not know. |
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#56
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Unless the survey omitted that question, or the attorneys didn't read them, I don't see how it would be possible to make it onto the jury without lying.
Anyway, the current state of the law does not allow for jury nullification. Jurors are finders of fact. |
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#57
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#58
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Those cases are a bit misleading. Nobody bothers litigating the issue of jury nullification from the prosecution side because in practice there's no way for judges to prevent jurors from nullifying. See Sparf v. US for an example. Unlike in a civil trial, double jeopardy prevents judges from entering a JNOV in favor of the prosecution in a criminal case.
Last edited by Really Not All That Bright; 02-21-2012 at 02:21 PM. |
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#59
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It's also very easy to deceive a survey without lying, although lying on that type of survey I believe creates some sort of liability. |
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#60
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There is no such "basic right of jurors". Jurors' motives are questioned all the time, which is why judges can overrule them.
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#61
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I believe this is the only time that the Supreme Court has ruled on jury nullification. It is legal.
http://caselaw.lp.findlaw.com/script...ol=156&page=51 Judges can only turn guilty verdicts into not guilty verdicts, not the other way around. I should have been more clear. A basic right of a juror is not to be held liable for a guilty or not guilty vote. Their motives can be questioned but they cannot be held liable, and are thus free to vote however they wish for whatever reason. |
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#62
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Sure. As I noted above, as a practical matter there is no way for the courts to prevent jury nullification. That doesn't mean jurors are supposed to do it.
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#63
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What about William Penn then?
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#64
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#65
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Court's Bailiff released a statement today about the sequestration:
Quote:
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