Lone Moussaoui juror who rejected death penalty didn't explain his vote

Minneapolis StarTribune (aka The Red Star) ^ | 5/12/06 | AP Wire Story

[MplsSteve]

Only one juror stood between the death penalty and Zacarias Moussaoui and that juror frustrated his colleagues because he never explained his vote, according to the foreman of the jury that sentenced the Al-Qaida operative to life in prison last week.

The foreman, a Virginia math teacher, said in an interview that the panel voted 11-1, 10-2 and 10-2 in favor of the death penalty on three terrorism charges. A unanimous vote on any one of them would have resulted in a death sentence.

[MplsSteve]

My apologies if this story has been posted already. I did a search and didn't see it.

Well, now we're starting to get an idea as to what was happening in the jury room and why it took so long for them to reach a verdict.

What is the phrase I'm looking for here? Is it "jury nullification'?

I'd like to pose a question. Should laws be changed that in order for for the death sentence to be approved, jurors would only need a 2/3rds majority? Or should we leave it as is?

Comments or opinions - anyone?

[AppyPappy]

Ole Moussie was denied his martyrdom by one juror.

[AnAmericanMother]

If this juror lied on voir dire in order to get on the jury and torpedo the death penalty (death penalty activists have been known to do this), he should be called in, examined before the judge, and if true jailed for contempt. And prosecuted for perjury, AND given as long a prison sentence as possible.

[mewzilla]

I wonder if the jury could've been tampered with.

Another reason to stick with tribunals.

[Williams]

The nation should be outraged, but it isn't.

[Galtoid]

He's most likely a liberal democrat who thinks Bush is evil and Moussey is just a cantakerous rebel who is misunderstood.

[ContemptofCourt]

There are many FReepers who openly advocate jury nullification. And the system works fine just as it is now.

[libertarianPA]

Much of the nation doesn't even remember the reason that Moussaui is in jail.

[Yo-Yo]

I am of the opinion that a death penalty verdict requires much more evidence, not less.

In Civil trial court, you are found guilty only by the perponderance of the evidence (51%), just ask OJ.

In a criminal trial court, you are found guilty only beyond a reasonable doubt, again, ask OJ.

For the death penalty, which is such an irreversible verdict once carried out, I think you need evidence maybe not "beyond a shadow of a doubt" but some very solid evidence. i.e. no "jailhouse rats" that say they heard you telling someone you did it, no circumstantial evidence only convictions, etc.

My 2/100^th of a dollar.

[mewzilla]

There are many FReepers who openly advocate jury nullification.

For terrorism/terrorists? Who?

[ContemptofCourt]

Nope...doesn't work that way. Live by the sword, die by the sword.

[G.Mason]

How about the prosecutor be mandated to advise the jurors that a death penalty will save the taxpayers X amount of dollars over a life sentence?

Then, further advise them that should they save the taxpayers X amount of dollars they would get a "rebate" of ... Oh wait.

Didn't Congress try that with a gas rebate of $100.00?

Sorry ... strike that idea.

[G.Mason]

"Much of the nation doesn't even remember the reason that Moussaui is in jail."

I'm trying to forget that he didn't tell the FBI about the plot also.

Like I certainly wouldn't have looked at his hard drive (because of search and seizure laws) and stopped 9/11 either.

[abseaman]

I think were back to the question, do we need professional jury's?

[muawiyah]

Jury tampering? Hmmmmmm. In an age where guys like Saddam Hussein have hundreds of billions of dollars available to them to purchase compliance on the part of reporters, publishers and entire governments, it is possible, of course.

I'd suggest the juror(s) in this case who voted to let this guy live accepted payment. It's inconceivable that anyone could have voted otherwise without such inducement.

[TomGuy]

Only one juror stood between the death penalty and Zacarias Moussaoui

Wasn't the Judge in that trial also against the death penalty and made it know?

[Vaquero]

He should have been tried and convicted by a MILITARY TRIBUNAL.

PERIOD.

and hung like at Nuremberg

[finnman69]

wanna bet it's a public school teacher

[marlon]

Does admitting ones guilt and taunting the jury count as "very solid evidence?"

[BlueMondaySkipper]

I am of the opinion that a death penalty verdict requires much more evidence, not less.

This was already reached when the found him guilty. The sentencing phase shouldn't have that high of a standard. Simple majority or perhaps even super majority would be OK, but it shouldn't have to be unanimous.