[SML] Genie AWP-25S
Richard Niederberg
ladesigners at gmail.com
Sat Sep 27 00:17:35 UTC 2014
Dear Frank,
Please review your English History. William Penn, among others,
benefited from Jury Nullification. The Gov't may NOT punish a juror
for disobeying the Judge. It's one of several ways to be kicked off
jury duty if you mention it in court.
/s/ Richard
_________
On Fri, Sep 26, 2014 at 3:47 PM, e-mail frank.wood95 via Stagecraft
<stagecraft at theatrical.net> wrote:
> 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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--
/s/ Richard
_________
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