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To: Tublecane

“Since it is none of the business of government what monies are or are not intended to influence an election, Edwards ought by right to go free no matter what the law says.”

As one just asked to serve on a jury, I have to disagree. If a law bothers me, I should lobby my legislator(s) to change it. But so long as a law is on the books, I think it’s my moral obligation as a juror to apply the law as at is written, not as I wish it were written. For 12 jurors to effectively take the law into their own hands, as you describe, is a recipe for chaos, IMHO.

I’m no defender of campaign finance laws. But until they’re overturned, everyone needs to follow the same set of rules. Otherwise you end up with a system that rewards lawbreakers. Is that really the world you want to live in?


39 posted on 06/14/2012 3:44:10 PM PDT by DrC
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To: DrC

“If a law bothers me, I should lobby my legislator(s) to change it.”

You can do that. But the legislator is not sovereign. You are, at least theoretically. Most of the time we have to rely on representatives to inact our will, according to the republican system we’ve set up and in which I believe. Juries, however, are the one instance in which the sovereign citizen directly touches government power. It is here you can and should effect your will.

“so long as a law is on the books, I think it’s my moral obligation as a juror to apply the law as at is written”

Well, you’re wrong. No principle of law or morals trumps your sovereingty, unless we switch to some other justification for government. I suggest you read up on the term Jury Nullification.

“For 12 jurors to effectively take the law into their own hands, as you describe, is a recipe for chaos, IMHO.”

No, chaos is the law as handed down to us from above. That’s a perfect term for the kind of life lived knowing at any time you could be guilty of any number of laws of which you’ve never heard. We have an overabundance of them, as people from every ideology seem to agree. Jury nullification is an important check on government-inspired chaos. They go too far sometimes, and it’s our job to slap them back in line. Not just on election day, but in the jury box as well.

“Otherwise you end up with a system that rewards lawbreakers”

Why shouldn’t it, if the laws are unjust?

“Is that really the world you want to live in?”

That is the world I live in. Jury nullification is from time out of mind.


40 posted on 06/16/2012 11:07:56 AM PDT by Tublecane
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