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Posted by PTravel on 11/05/06 18:10
"Paul Hyett" <pah@nojunkmailplease.co.uk> wrote in message
news:04GbqkJ3cZTFFwjf@blueyonder.co.uk...
> In rec.video.dvd.tech on Sat, 4 Nov 2006, PTravel wrote :
>>
>>"Citizen Bob" <spam@uce.gov> wrote in message
>>news:454cd6a8.2315515@news-server.houston.rr.com...
>>>
>>> Statuatory law depends on the end of gun barrel. Common law depends on
>>> 1 juror (cf. nullification).
>>
>>Nonsense. The purpose of law is to ensure predictability in social and
>>commercial interactions, not to impose the will of a dictator on others.
>>So-called jury nullification is not legal
>
> Rubbish!
What do you think is rubbish? My statement of the purpose of law, which is
Intro to Law 101 stuff, or that jury nullification is not legal.
>
> The whole point of having juries is to avoid arbitrary decisions by those
> in power. If cases under a certain law keep getting nullified, it sends a
> message that the law in question is unpopular/unenforceable.
Jury nullification is not legal, and any lawyer who tries to argue it will
find himself sanctioned pretty quickly. The whole point of having juries is
to have the determination whether certain conduct occured determined by
members of the community in which it was alleged to occur. Juries make
factual determinations, and never legal ones.
>
>> and, in any event, a judge can
>>always enter judgment non obstante verdicto ("not withstanding the
>>verdict").
>
> Since when? Why even bother having juries if that was the case?
Since always. Juries do not have the absolute word, nor should they given
the number of people who, evidently, believe that they are empowered to
override the elected legislature.
>
>>>>However, as long as the laws it passes
>>>>comply
>>>>with Constitutional, they are legitimate and enforceable.
>>>
>>> That is not true. In the first place defendants who violate the law
>>> can be exonerated by 1 juror.
>>
>>And that is not true.
>
> It prevents conviction, and forces authorities into deciding whether a
> retrial is worth the effort.
As I said, it is illegal to engage in jury nullication.
>>>
>>> Secondly the govt itself can violate any law it chooses with full
>>> impunity.
>>
>>And that is also wrong.
>>
> Only in theory, not in practice, alas.
> --
> Paul 'Charts Fan' Hyett
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