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Politics : Libertarian Discussion Forum -- Ignore unavailable to you. Want to Upgrade?


To: TimF who wrote (5597)2/17/2004 11:07:53 AM
From: Tom Clarke  Read Replies (1) | Respond to of 13056
 
Juries have the power to nullify unjust laws, although most are unaware of that. It was the unwillingness of juries to convict people for alcohol related offenses that helped end Prohibition.

A fully informed jury primer
quasar.as.utexas.edu

Home page of the Fully Informed Jury Association
fija.org



To: TimF who wrote (5597)2/17/2004 11:32:02 AM
From: Dan B.  Read Replies (1) | Respond to of 13056
 
Or, pull an Abraham Lincoln. EOM



To: TimF who wrote (5597)2/17/2004 4:08:02 PM
From: Lazarus_Long  Read Replies (1) | Respond to of 13056
 
If they can "interpret" the Constitution to mean whatever they want it to mean then in a sense they are the ultimate rulers of the country.
You're describing the history of the United States, aren't you? "-)

Jury nullification is legal; probably mainly because there's nothing the legal system can do about it.

As the link at the bottom says,
Once a jury returns a verdict of "Not Guilty," that verdict cannot be questioned by any court and the "double jeopardy" clause of the Constitution prohibits a retrial on the same charge.

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State nullification occurs when a State officials, such as a Governor or a Legislature, refuse to recognize or enforce a federal law.
And then there was that '54 USSC decision enforced by federal troops. So much for that nullification.

A third example of nullification is when the Executive branch of government declines to enforce an edict pronounced by the Judiciary.
Numerous examples of that, although I can think of none recently.

Effectively we currently have judicial tyranny.