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Man arrested for promoting jury nullification wins federal case

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301–310 of 449 posts

Re: Man arrested for promoting jury nullification wins federal case

#301

Earlier quoted context omitted.

I believe jury duty is an awful way to decide justice and it shouldn't exist. Other countries manage without it just fine. In my opinion it's your civic duty to get out of it and not support it.

Quoted post unavailable.

What do you mean?

Re: Man arrested for promoting jury nullification wins federal case

#302

Earlier quoted context omitted.

I believe jury duty is an awful way to decide justice and it shouldn't exist. Other countries manage without it just fine. In my opinion it's your civic duty to get out of it and not support it.

Quoted post unavailable.

It's a great strategy of you're traveling though, because the risk of your food being spat in is dramatically lower since you're not a regular.

Re: Man arrested for promoting jury nullification wins federal case

#303
post #6

Is jury nullification the ultimate trump card? From what little I know about it, it seems that if enough people in a community knew about it, they could 100% control what crimes are punished in that community. On face value, that makes a sort of sense intuitively, but obviously it has to be balanced against crimes that are in principle clearly wrong, despite what a local community believes.

There's a much better and more ethical form of nullification if citizens refuse to enforce a law. Just say so at voir dire. It's virtually guaranteed it will be asked when a jury is being selected "If the evidence shows guilt, will you vote to convict?" If you say "yes" then nullify, you've lied under oath even if you're never caught. And your opinion is secret forever. Just say "no". If they can't get 12 people willing to convict, the law is nullified and public opinion is clear and no law has been broken or bent.

Re: Man arrested for promoting jury nullification wins federal case

#304

Earlier quoted context omitted.

How about we start with not making stuff illegal that we don't want to enforce?

But society wants selective enforcement. Speeding laws are good when the stop that guy from endangering my kids. Or when they generate revenue from tourists. Those same laws are awful when they inconvenience me.

Maybe I'm just being contrarian to your comment, but I've always thought the US and other countries are silly for not automating basic traffic enforcement.

Red light cameras should effectively catch 95%+ of people who blow through them. Speeding cameras (that are actually on, looking at you NYC) that are super visible are a known deterrent to speeding in Europe. Even parking - in some modern garages they have sensors to tell you when spots are full/empty. Why can't they use similar tech for parking tickets, street cleaning, etc?

I feel like I wouldn't be upset about rule enforcement if I knew everyone was more or less following them. What makes me ignore rules is when I see people taking advantage of them over and over without repercussions. Then, introducing human elements where the cop gets to decide who to ticket adds a bunch of bias that we haven't been able to correct. It's one of the countless examples of humans over-complicating things to the point of dysfunction.

Re: Man arrested for promoting jury nullification wins federal case

#305
post #214

Earlier quoted context omitted.

Is it perjury to lie in this case?

I don't understand what the big deal about perjury is. You have politicians lying under oath all the time and having 0 punishments despite the huge ramifications of those lies. Why should the "small time" liars be punished.

"When bill Clinton lied, no one died"

I don't care if he was guilty of Perjury - his "crime" only hurt Hillary...

Re: Man arrested for promoting jury nullification wins federal case

#306
post #6

Is jury nullification the ultimate trump card? From what little I know about it, it seems that if enough people in a community knew about it, they could 100% control what crimes are punished in that community. On face value, that makes a sort of sense intuitively, but obviously it has to be balanced against crimes that are in principle clearly wrong, despite what a local community believes.

If you think jury nullification is a potential problem just wait until you hear that district attorneys have almost absolute authority to decide what crimes are punished. One person can unilaterally dictate that petty theft is no longer a crime, for example. In that lens I don’t believe jury nullification is much of a problem.

The proper remedy for bad governance is to elect different public officials to represent you. Jury nullification is far too weak, even as tinfoil hats go. Sure it's a thing and it's not illegal. It's just silly and unstable, and it should never be depended upon by society to replace good legislation and executive power.

Besides the fact that this ruling was about free speech rights, not jury nullification. You can say all you want outside a courthouse as long as you're not disrupting the legal system or trying to sway a particular jury in a specific case.

Re: Man arrested for promoting jury nullification wins federal case

#307

Earlier quoted context omitted.

I mean, if "the vast majority of citizens thinks something is a good thing", shouldn't it be legal in the first place? Because democracy.

> if "the vast majority of citizens thinks something is a good thing", shouldn't it be legal in the first place? Because democracy Sort of. It’s tyranny of the majority [1]. The meaning of democracy has changed over millennia. Classically, democracy encompasses “freedom of assembly, association, property rights, freedom of religion and speech, inclusiveness and equality, citizenship, consent of the governed, voting r…

FWIW, I don’t think the meaning has been lost; I think the squeaky wheel people on social media have forgotten the meaning when they fail about “the US isn’t a democracy because we have a Senate/electoral process/etc” but I think that’s a pretty narrow slice of people and I think it’s more ignorance than a changed meaning. In my experience, most people seem to agree that representative democracies are also democracies (indeed, even the ignorant people would usually admit that most European countries are democracies despite having a similar bicameral system to the US).

Re: Man arrested for promoting jury nullification wins federal case

#308
post #131
post #124

Earlier quoted context omitted.

That’s the argument advocates of direct democracy generally support, but no actual democratic systems fully implement direct democracy. In practice what we generally have is representative democracy, where we delegate the power to make laws, and make and implement policy to representatives. Those representatives have personal moral responsibility for the laws and decisions they make and are sovereign individuals in t…

> That’s the argument advocates of direct democracy generally support, but no actual democratic systems fully implement direct democracy. To be fair, Switzerland comes very close. The public can pass initiatives or constitutional amendments without government intervention through public votes, and the few Swiss people I know consider this to be the primary political system in Switzerland (not the representative elect…

> (AFAIK no country guarantees that there is a precise percentage match of party representation to the popular vote with no lower bound on how many votes a party needs to enter, as it would be unworkable to have such a system

Representative democracy doesn’t require a “precise percentage match of party representation …”, but direct democracy is explicitly defined as a system in which there are no representatives.

> especially with broken voting systems that are not even remotely representative such as in the US, UK, and most of the world

This is hyperbole. The US system is pretty representative, and the extent to which it isn’t has very little to do with the voting system and much more to do with incentives (elected officials are beholden to their corporate backers rather than their constituents) and to a lesser extent, our two party system.

Re: Man arrested for promoting jury nullification wins federal case

#309
post #144

In the UK jury nullification came into the spotlight at the beginning of this year when four people who helped topple a statue of a slave trader in Bristol were found not guilty by a jury, even though they admitted doing so and there was video & photo evidence. The jury decided that they had acceptable reasons for their actions. [1] The reaction from the right wing government and its supporters was barely short of ap…

> Jury nullification is one of the strengths of the jury system I personally find jury nullification as the ultimate form of democracy.

I'm not sure it's democratic when 12 people can override the laws created by the representatives of millions, but it certainly is a hedge against tyranny.

Re: Man arrested for promoting jury nullification wins federal case

#310

Earlier quoted context omitted.

Eh, not really. Rule 606 of the Federal Rules of Evidence prohibits a juror from testifying “about any statement made or incident that occurred during the jury’s deliberations; the effect of anything on that juror’s or another juror’s vote; or any juror’s mental processes concerning the verdict or indictment.” [0] Without testimony, how would you make the case for perjury? You can’t force the juror to incriminate the…

> Without testimony, how would you make the case for perjury? You’re almost certainly going to be asked about your ability to make a decision on the basis of the law, and solely the law, during voir dire . If you say yes and then go on to nullify, you perjured yourself.

I agree that it’s (morally) perjury, but I don’t see how it could be proven in court. The prosecutor can’t compel the individual juror (5th Amendment) or the rest of the jury (Rules of Evidence) to testify. I suppose someone could voluntarily waive their 5A rights and confess but…
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