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In California and several other states there are rules against jury nullification:
Fucking White Male saysIn California and several other states there are rules against jury nullification:
Well, nobody can punish a juror for having reasonable doubt. The best way to engage in jury nullification is simply to say that you have a reasonable doubt., and vote "not guilty".
Fucking White Male saysAnd of course you are wrong, at least in some states.
Since most posters here on Pat.net are from California, I'll note that each time you serve on a jury you are given notice that jurors must follow the facts and evidence that has been presented according to the law.
And in fact, I have sat on a VERY serious jury trial were 2 of the jurors said they did not agree with the law. The foreman gave them the night to think about it. When they retruned the next day, one said they changed their vote to guilty. The other again expressed that he did not agree with the law.
Which states is he wrong about and who has gone to jail or been tried for jury nullification?
Basically you have shown that you don't understand jury nullification.
And of course you are wrong, at least in some states.
Since most posters here on Pat.net are from California, I'll note that each time you serve on a jury you are given notice that jurors must follow the facts and evidence that has been presented according to the law.
And in fact, I have sat on a VERY serious jury trial were 2 of the jurors said they did not agree with the law. The foreman gave them the night to think about it. When they retruned the next day, one said they changed their vote to guilty. The other again expressed that he did not agree with the law. We debated more(and had further issues to deliberate. Again the foreman told this one juror he could have the night to think about it. This time I flat out said that if the juror's sole reason to vote not guilty was based on his dislike of the law, I'd report him to the judge, hopefully have him replaced by an alternate juror. The next day he came in, wanted to review some of the evidence, and by the end of th...
Bump
Fucking White Male saysPCGyver saysBump
Seriously? I don't see what is continuing to be debated.
In California, you can be removed from jury deliberations and replaced if you refuse to follow the jury instructions. That is 100% factually true. I've been on two juries where we were given that direction and its in the link I provided.
If a juror were determined(and reasonably intelligent) and disagreed with convicting someone, the juror simply would have to say he/she believes there is reasonable doubt. It would help if there were a small factual basis that the juror could articulate that belief on. And that would be that.
What is it exactly that you are interested in continuing to discuss?
The fact that you still don't understand jury nullification. Just because 1 juror holds out ...
If a law is unjust, a man is not only right to disobey it, he is obligated to do so.
Jurors Need to Know That They Can Say No
http://www.nytimes.com/2011/12/21/opinion/jurors-can-say-no.html