[SML] Genie AWP-25S
e-mail frank.wood95
frank.wood95 at ntlworld.com
Fri Sep 26 22:47:55 UTC 2014
I don't know what 'nullification' means.
I have served as a juror in criminal cases, in England. Here, the
Judge declares the law, and the Jury decides its verdict on the
evidence presented at the trial, and ON NOTHING ELSE. That, at least,
is the theory. I remember one case where one juror was patently
prejudiced against the defendant, on PC grounds. I can say no more.
I have also served as judge and steward at various sporting events.
There, the judges are 'judges of fact'. If the judge says that your
foot was over the line, it was. The stewards consider the rules, and
their decision is final.
On 26 September 2014 05:14, Bill Nelson via Stagecraft
<stagecraft at theatrical.net> wrote:
>> Not enough jurors are allowed to know about nullification.
>
> Yep. In most jurisdictions, the judge is directed to inform the jury, in
> instructions to the jury, to only consider the facts as presented and as the
> judge states the law applies to those facts. The judge is not allowed to even
> hint that the jury has the right (I could argue - the duty) to judge the law
> as it pertains to that particular case.
>
> I do not know if jurors discussing jury nullification during deliberations is
> grounds for a mistrial.
>
> Fortunately, prosecutors never ask prospective jurors how they feel about
> judging the law itself - as that would bring the matter to the minds of all
> the prospective jurors.
>
> Defense lawyers are prohibited from doing so as well although, in many cases,
> I suspect they would love to do so.
>
> Bill
>
>
>
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--
Frank Wood
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