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Posted by Citizen Bob on 11/05/06 19:09
On Sun, 05 Nov 2006 09:19:38 GMT, Paul Hyett
<pah@nojunkmailplease.co.uk> wrote:
>>Statuatory law depends on the end of gun barrel. Common law depends on
>>1 juror (cf. nullification).
>So does statutory law.
Judges claim otherwise. They claim that nullification is in violation
of statuatory law. But they are wrong. Statuatory law allows for
nullification because no one can force a juror from voting their
conscience.
However the Kriho case has set a dangerous precedent whereby a juror
can be cited for contempt of court if he does not *voluntarily*
disclose that he will not obey court instructions, which include
veiled threats not to nullify.
However like so many man-made laws, that one is not enforceable as
long as the juror keeps his mouth shut. If forced to respond he can
always say that he had reasonable doubt and them ramble about
something that sounds doubtful.
>>Secondly the govt itself can violate any law it chooses with full
>>impunity.
>*Legal* immunity perhaps, but not immunity from public reaction.
The public doesn't give a rat's ass. All it is concerned about is the
next sale at WalMart.
--
"First and last, it's a question of money. Those men who own the earth
make the laws to protect what they have. They fix up a sort of fence or
pen around what they have, and they fix the law so the fellow on the
outside cannot get in. The laws are really organized for the protection of
the men who rule the world. They were never organized or enforced to do
justice. We have no system for doing justice, not the slightest in the world."
--Clarence Darrow
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