Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: yefragetuwrabrumuy
3) Lawyers and judges will dismiss potential jurors on the first sign they support, or are even aware of jury nullification. So it is essential that nullifiers *never* admit to nullification. They must know this ahead of time, or they will never get a chance to nullify. So this is an essential part of “advocating particular nullification”.

The problem with the above idea is that it would require lying under oath. When asked under oath about jury nullification, the only choice for a man with any honor at all is to tell the truth. A man willing to lie under oath about anything so simple, will surely lie under any and all circumstances where he sees benefit to himself.

31 posted on 03/17/2012 1:17:06 PM PDT by Melas (u)
[ Post Reply | Private Reply | To 21 | View Replies ]


To: Melas

Ah, but that is the paradox. They will *never* ask you under oath about jury nullification, because that would both remind those who have heard of it about it, and would be a question to those unfamiliar with it, who would ask a question that the court does not want to answer.

What trips nullifiers up is if they *volunteer* that they know about nullification. In many courts if a prospective juror even *mentions* nullification, they will treat it as if the entire jury poor within earshot are tainted. They won’t punish the person who used the word, though they would like to, they can’t, but they will try to reset the process to get an “ignorant” pool of jurors.

What I proposed earlier, and why I suggested that there was risk involved, is because many courts are so opposed to the concept of nullification, that if someone set up a website, for example, that called for the use of nullification to overturn a bad law, they might actually get arrested.

Here’s one nullification advocate that got busted, while doing something clearly legal:

http://reason.com/blog/2011/02/25/is-advocacy-of-jury-nullificat


34 posted on 03/17/2012 3:58:32 PM PDT by yefragetuwrabrumuy ("It is already like a government job," he said, "but with goats." -- Iranian goat smuggler)
[ Post Reply | Private Reply | To 31 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson