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Politics : Politics for Pros- moderated -- Ignore unavailable to you. Want to Upgrade?

To: Lane3 who wrote (129779)	8/4/2005 2:04:09 PM
From: Ilaine	Read Replies (1) \| Respond to of 793958

Jury nullification is a way of keeping the state honest. I agree it should only be used in extraordinary circumstances, but juries do what juries do, they're the collective intelligence of the community. I know you've served on juries and I haven't, but I have listened closely to what former jurors say. Each individual juror is fallible, but collectively they seem to balance each other's weak points. You may not realize this, but the litigants can opt for a bench trial if they prefer, so if one or the other asks for a jury, it's because they prefer the potential range of outcomes.

To: Lane3 who wrote (129779)	8/4/2005 2:31:43 PM
From: miraje	Read Replies (1) \| Respond to of 793958

It's so easy and so dangerous to forget the bedrock importance of the rule of law. That's true. And in order for that bedrock to remain firm, laws needs to be viewed as reasonable and consistent by a free society. When laws are passed that are contradictory, irrational and hostile towards ordinary citizens, then the underlying concept of the rule of law becomes corrupted. Jury nullification, which you are so quick to disparage, is just one way of counterbalancing some of the excessive and stupid laws that find their way onto the books. Totalitarian states have plenty of laws that are vile and evil. Would you be prepared to defend the sanctity of law under such conditions? In a society such as ours, silly, unjust and/or universally ignored laws cause many unthinking individuals to throw the baby out with the bath water and regard the justice system as being rigged and worthless. It's because I regard the concept of the rule of law as being a cornerstone of a free society that I realize the necessity of keeping the system "clean". An informed and proactive citizenry is required to keep the system on track and true to the ideals of our way of life. I'm surprised that you've professed to having a libertarian orientation and yet fail to see this. "My country, right or wrong" is a slippery slope.