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submitted 11 months ago by stopthatgirl7@kbin.social to c/news@lemmy.world

Too many of the potential jurors said that even if the defendant, Elisa Meadows, was guilty, they were unwilling to issue the $500 fine a city attorney was seeking, said Ren Rideauxx, Meadows' attorney.

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[-] frezik@midwest.social 3 points 11 months ago* (last edited 11 months ago)

Uhh, no. That's not how it works.:

According to the U.S. Supreme Court decision in Sparf v. U.S., written by Justice Harlan, juries have no right to ignore the law when rendering the jury's verdict. However, nullification still occurs in some instances because of the secrecy of jury deliberations. It is difficult to determine if a jury negates the law, especially in close cases.

If it was up to judges, it would never be allowed, and cases would go to appeal or retrial if it happens. It only continues because jury deliberations are private. If judges found out, they would toss it.

[-] stoly@lemmy.world 11 points 11 months ago

You've just proven that the SCOTUS decision is fully unenforceable, which means that jury nullification is the de facto law of the land.

[-] frezik@midwest.social 0 points 11 months ago

It's not. People blab about it a lot. Often right during jury selection, which makes it easy.

[-] Zink@programming.dev 3 points 11 months ago

That makes it easy to prevent, I think, but not necessarily enforce/punish

[-] stoly@lemmy.world 2 points 11 months ago* (last edited 11 months ago)

That's the one time they will get you. The other is like in the Darryl Brooks trial where he tried to bring it up repeatedly and was shut down instantly by the judge.

[-] frezik@midwest.social -2 points 11 months ago

People blab all the time when they think they're on to something smart. It's surprisingly reliable.

[-] afraid_of_zombies@lemmy.world 1 points 11 months ago

Very well. Please show the part of the federal criminal code that allows a juror to be prosecuted for thought crime. I will wait.

[-] Maggoty@lemmy.world 7 points 11 months ago

Yeah, is this the same SCOTUS that says women have to die if their pregnancy fucks up?

We should probably stop letting judges make laws. They don't run this place, we do.

[-] frezik@midwest.social -1 points 11 months ago

It's been precedent for a long time. Also, if you want to confront the legitimately of the court system altogether, then jury nullification is meaningless.

[-] Maggoty@lemmy.world 1 points 11 months ago

It's been a dead letter just as long.

this post was submitted on 23 Jan 2024
751 points (98.8% liked)

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