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Discussion » Statements » Rosie's Corner » OH MY GAWD! An Answermug friend just educated me about JURY NULLIFICATION. I expect you KNOW what it is. I didn't. Are you happy with it?
RosieG

OH MY GAWD! An Answermug friend just educated me about JURY NULLIFICATION. I expect you KNOW what it is. I didn't. Are you happy with it?

Jury Nullification according to my friend is that the JURY HAS THE RIGHT TO DECIDE IF A LAW IS JUST.

So not only do they decide if someone BROKE THE LAW but also they can decide if the law they broke was unjust.

WHAT? 12 disparate jurors with varying degrees of education experience intellect integrity can decide a law is unjust? How can that be possible?

So all 12 are WHITE SUPREMACISTS
or PEDOPHILES
or MURDERERS
or TRAITORS

What kind of vetting can the jurors possibly endure to INSURE they have the capacity capability and intelligence as well as the integrity to DECIDE that?

Are you way cool with it? Seriously? GOOD GAWD.

Posted - April 25, 2021
Tags : None

Responses


  • 19937
    I don't know which person told you this, but it is the opposite of what it means.  Juries and judges cannot change laws from the bench even if they want to.  If the evidence presented clearly points to the guilt or innocence of a person, the jury must find according to the law - even if they believe the law is not fair or proper.

    See my response above.
      April 25, 2021 9:45 PM MDT
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  • 113301
    I am so confused about this L! You know some things I grasp immediately no problemo but some things are simply IMPOSSIBLE for me to get. This is one of them. My head is hurting! Well not really but I think you get my "gist". Thank you for your reply and Happy Monday to thee and thine! :)
      April 26, 2021 2:08 AM MDT
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  • 19937
    Let me see if I can clear it up.  I'll use the example of the time I was a juror on a rape case.

    The law in NY says that if a male 21 has intercourse with a female under age 16, even if it is consensual, it is automatically considered statutory rape and no jury can find that it is not.  Simply because the jurors or the judge feels that the law is not fair or right doesn't mean that they can rule against the law.  Therefore, if 12 jurors were to find the male not guilty, the judge would have to throw out that decision (nullify it) because it doesn't meet what the law says.  
      April 26, 2021 10:25 AM MDT
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  • 113301
    Oh. Okey dokey. Thanks sweetie. That did it! :) ((hugs))
      April 26, 2021 10:27 AM MDT
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  • 19937
    There you go. :)
      April 26, 2021 10:28 AM MDT
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  • 113301
    What are friends for? The ones that keep hanging in? There ya go! ((hugs))
      April 26, 2021 10:30 AM MDT
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  • 34309
    Actually, a judge is NOT allowed to overturn an innocent verdict.  They can overrule a guilty verdict.  

    There is a loophole, where if a defendant is found guilty of any count, the judge can sentence as if the jury found a guilty verdict for other counts.  (ie. Acquitted on 4 counts but guilty on 1...judge can ignore the suggested sentence of the 1 guilty count and add to it using the counts that jury said was innocent) This is called "acquitted conduct sentencing."  It should not be allowed. 

    Sen Durbin has re-introduced a bill to stop it from continuing. (Something I agree with him on)

    https://www.govtrack.us/congress/bills/117/s601
      
      April 26, 2021 1:46 PM MDT
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  • 19937
    You've given an example of the judge sentencing the defendant to a longer sentence even though the jury acquitted the defendant of a particular charge, not the verdict itself.
      April 26, 2021 3:14 PM MDT
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  • 34309
    I know that, I gave it as an example because it happens and it should not be allowed.

    There is no example of a judge overturning (nullifying) a verdict of a defendant found completely innocent (not guilty) because a judge not have that authority. 
      April 26, 2021 3:19 PM MDT
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  • 19937
    Well, if you weren't going to address the point of my comment, why bother to comment on something completely irrelevant?
      April 26, 2021 3:20 PM MDT
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  • 34309
    The point is a judge does not have the authority to overturn/nullify a jury's not guilty verdict. 
      April 26, 2021 3:29 PM MDT
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