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Politics : Libertarian Discussion Forum
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To: jlallen who wrote (2977)6/12/1999 1:10:00 PM
From: Dan B.  Read Replies (2) of 13056
 
You ask why I "...believe the Constitution allows a jury to nullify the facts and apply the law at its whim(its version of injustice)." The answer is that I don't- and speaking emphatically here for all who might too have misinterpreted my post- I said no such thing! Please notice in my reply to Neocons comment the following: "...I feel a major cause of the "casino" effect is that case law, i.e. precedent,
is given more weight than the facts of a case at hand- and so judges, hence juries, often
rely too much on similar- but different- cases." Think about THAT as it might apply to the OJ jury.

Hence when you say "The law must be applied to the facts of the case and the
decision rendered." I fully agree. Notice that we both use the phrase "facts of the case..." in a manner indicating our mutual recognition of the importance of those to Justice.

I certainly did not imply juries should be emboldened to ignore the facts of a case...quite the contrary in fact. I stand by my original statement as written..."In my opinion juries are supposed to determine justice in the case at hand. The letter of
the law is to be secondary to the spirit of the law at all times. Constitutionally
speaking(the overriding law),all juries have a duty to ignore the letter of lesser laws
whenever an injustice would otherwise result."

I hope you understand me better now. I am asking for juries to be emboldened to consider justice and facts at all times- rather than the letter of a law. Yes, our system is imperfect...let us not make it more so by instructing juries to apply the letter of laws rather than the spirit of all laws.

Dan B
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