Subject:
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Re: Those stupid conservative (was liberal) judges are at it again!
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Newsgroups:
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lugnet.off-topic.debate
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Date:
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Wed, 25 Sep 2002 01:12:32 GMT
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Viewed:
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1655 times
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In lugnet.off-topic.debate, Richie Dulin writes:
> Is the "justness of the law and the validity and applicability of the facts"
> explicitly what the jury is there for in the US?
Depends on who you ask. Most judges will tell you it is not your place as a
juror to weigh the justness of the law, that your duty is only to the
validity and applicability of the facts and that you have no power to judge
(nullify) law.
However, they are clearly wrong.
Quoting: First U.S. Supreme Court Chief Justice John Jay, writing in Georgia
v. Brailsford, 1794, concluded: "The jury has the right to judge both the
law as well as the fact in controversy".
http://www.fija.org/
http://nowscape.com/fija/_abjury.htm
It requires careful treading through the process to get to apply this power,
though, as most judges and prosecutors do not like to be reminded that
juries can overturn law. And that's another sign that we live in a
particularly pernicious and insidious tyranny...
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