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Politics : Libertarian Discussion Forum
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To: jlallen who wrote (2977)6/12/1999 3:49:00 PM
From: Mama Bear  Read Replies (1) of 13056
 
jlallen, jury nullification of unjust laws has precedent dating back at least to the early 1700's in the Zenger case.

zns.com

This was the case that established the truth as a defense. Would you rather the jury just be able to be used as a tool of any oppressive law?

Here's some more bits and bytes on this issue from the Fully Informed Jury Association:

primenet.com

BTW, being laid up with some rather severe injuries at the time of the OJ Simpson trial, and not being a fan of much daytime tv, I watched the trial extensively. I believe the jury brought back the correct verdict based on the evidence presented to it. This is not a commentary on my belief in Mr. Simpsons guilt or not, more a commentary on the stupidity of the prosecution. They may as well have folded it up, let him go and gone home when Darden made that insane, stupid, rookie mistake of asking him to try on the gloves.

Yes, the questions raised by the acquittals of racist murderers in the civil rights era are disturbing. But to counter that argument there were many juries in the mid 1800s who refused to convict whites who harbored fugitive slaves. It seems to me that while individual injustices happen, the greater good has been protected by the long held right of juries to 'nullify'. While you are correct that no right to jury nullification seems to exist in the text of the Constitution, neither does a prohibition.

Barb
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