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Posted by PTravel on 11/05/06 23:59
"Mark Jones" <noemail@mindspring.com> wrote in message
news:fws3h.2974$0r.1662@newsread1.news.pas.earthlink.net...
> PTravel wrote:
>> 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.
> A juror can vote however they want to and can't be coerced
> into voting any specific way.
Quite right. And a juror also takes an oath to follow the instructions of
the judge when it comes to the law. When he violates that oath, he violates
the law.
>
> What are you basing your belief on this being illegal?
On the legal requirement that jurors follow the judge's instructions as to
the law, as well as 16 years experience as a trial lawyer.
>
> Actually, the reason to have a jury is so that it is the person's
> "peers" who are making the final judgement and not the
> government.
The peers make a factual judgment, only, i.e. did the accused engage in
specific conduct or not. The peers do not make a legal, ethical or moral
judgment as to whether a specific law should be enforced or not.
>
>
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