Subject:
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Re: Go ahead, make my day!
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Newsgroups:
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lugnet.off-topic.debate
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Date:
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Tue, 24 Jul 2001 18:44:52 GMT
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Viewed:
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941 times
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In lugnet.off-topic.debate, Larry Pieniazek writes:
> > > At that point whip out the FIJA information (from memory, you might
> > > get arrested if you bring literature in) and share with the rest of the jury
> > > the duty to judge the *law* as well as the facts.
>
> (regardless of the instruction of the judge who will tell to judge only the
> facts, not the law)
Doesn't this demand that each member of the jury be conversant with the
(possibly very obscure) laws? How can one's "peers" be expected at any
time, for instance, to be trusted to interpret the particulars of laws they
might never previously have heard of (forgive the dangling participle)?
My impression was that the judge is to instruct the jury re: the law in
question and that the jury is to decide based on the facts how and if the
law was broken. Please correct me if I am (admittedly very possibly) wrong!
Dave!
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Message has 3 Replies:
 | | Re: Go ahead, make my day!
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| (...) Nope. The Founder Fathers thought they could trust the average venireman to judge both facts and law, no complicated understanding was supposed to be needed -- and if it were, perhaps it was not a very good law such that people could (...) (23 years ago, 24-Jul-01, to lugnet.off-topic.debate)
| | | Re: Go ahead, make my day!
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| (...) It doesn't require apriori knowledge, just willingness to examine the law, and decide if it's a just law or not. (...) Defacto you are correct, in most cases this is what happens. Dejure you are wrong, common law (and case law if you can find (...) (23 years ago, 24-Jul-01, to lugnet.off-topic.debate)
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Message is in Reply To:
| | Re: Go ahead, make my day!
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| (...) Well I hear it usually is up to the jury to decide who the foreman is using whatever mechanism they decide on, I understand being foreman is perceived as being a bit more work, so I have heard that people will happily go along with it if one (...) (23 years ago, 24-Jul-01, to lugnet.off-topic.debate)
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