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Title: Rebellious Jurors Make the World a Better Place
Source: Reason
URL Source: https://reason.com/archives/2017/12 ... -jurors-make-the-world-a-bette
Published: Dec 12, 2017
Author: J.D. Tuccille
Post Date: 2017-12-13 05:49:05 by Deckard
Keywords: None
Views: 193
Comments: 41

Jury nullification has officials losing cases, changing policies, and fretting over the power of the people they often abuse.

After criticism by some local officials of a new program that refers people caught with four ounces or less of marijuana for fines and community service, El Paso, Texas, Police Chief Greg Allen turned out to be a surprise defender of bypassing the usual criminal justice rigmarole of booking, mug shots, and jails. While careful to emphasize that he's no fan of drug legalization, Allen says it's a waste of his officers' time to put hours into an "an arrest that has no end result of a conviction because of jury nullification."

This is only the latest evidence that rebellious jurors are putting limits on how badly government officials can treat the rest of us.

Relative to some of its neighbors, Texas continues to enforce relatively draconian marijuana restrictions. The state is only slowly implementing a medical marijuana law signed by the governor in 2015. It's a measure at least partially inspired by the refusal of jurors, as in a high-profile 2008 case involving an HIV patient, to convict people for using the drug as medicine. But the law has been criticized for requiring the use of low-THC products, and burdensome regulations, "leaving some to worry if the Texas program will work at all," according to the Houston Press. And the state has yet to easy any rules regarding recreational use.

That leaves plenty of room for jurors to act—and they appear to be doing so with enthusiasm.

"Jury nullification, though still rare, appears to be on the rise in drug cases that reach the trial stage," wrote Rice University's Prof. William Martin in the course of a discussion on the impact of jury nullification on the state's drug policy sponsored by Rice University's Baker Institute and the Houston Chronicle. "But even if the numbers remain small, their impact can ripple outward." He cited the case of a judge who experimentally offered jurors a chance to recommend penalties they believed appropriate in cases involving large quantities of drugs. "In the first case, they found the defendant guilty and gave him probation…We did another one just to see. Same result—huge amount of marijuana, probation. The prosecutors couldn't believe it."

But jurors aren't usually allowed to choose lenient treatment of defendants—unless they go for outright acquittal. And they're doing just that often enough that the El Paso Police Chief sees no point to making arrests that have "no end result of a conviction because of jury nullification."

If restrictive laws create conflicts with jurors unwilling to enforce them, it's no surprise that our next bit of news comes from Georgia, which "has some of the most punitive marijuana laws in the country," according to the Marijuana Policy Project.

In Laurens County, Antonio Willis faced up to five years in prison for selling the equivalent of a few joints to an undercover cop. The cop, "who switched into an exaggerated Hispanic accent straight out of Cheech and Chong when dealing with suspects," according to Bill Torpy of the Atlanta Journal-Constitution, kept pestering Willis for drugs while promising to hook the unemployed man up with a construction job.

Willis was represented by Catherine Bernard, a defense attorney affiliated with both Peachtree NORML and the Fully Informed Jury Association. That may have made a difference, since the jury acquitted after just 18 minutes of deliberations.

"A jury in Middle Georgia returned a Not Guilty verdict in a marijuana sale case despite the evidence," retired sheriff's deputy Tom McCain, now executive director of Peachtree NORML, approvingly commented after the trial. "The verdict can be nothing other than Jury Nullification."

Unsurprisingly, the power of the jury is widely touted by legalization advocates as a key to knee-capping the war on drugs. But it's also widely seen as an important tool for protecting other rights, too. "Using the jury box to limit government excesses will be a strong tool in our kit," noted an article published by pro-self-defense TheTruthAboutGuns.com after a jury hung when one member refused to vote "guilty" in a 2013 firearm case.

"The degree of difficulty that the government has experienced in obtaining felon-in-possession convictions in my district may well be the product of jury nullification due to the public's confusion about our gun laws—such as they are, or are not—and the public's strongly held feelings toward guns," wrote United States District Court Judge Frederic Block in "Reflections on Guns and Jury Nullification—and Judicial Nullification," published in The Champion, a publication of the National Association of Criminal Defense Lawyers (full text here). That experience of that judge, who also reflected on a juror's expressed refusal to convict solely for gun possession, offers pretty strong evidence that gun owners and their sympathizers are as busily at work in the jury box as pot smokers.

And so are advocates of political protest. In a case I wrote about at the time, New York jurors earlier this year acquitted four defendants of obstructing governmental administration, disorderly conduct, and trespass. The charges related to a 2015 protest at the Hancock Field National Guard Base. The defendants opposed the piloting of Reaper drones from the base, particularly for overseas bombing missions that have frequently resulted in civilian deaths.

"Following the rendering of the verdict," the Upstate Coalition to Ground the Drones and End the Wars announced, "a juror approached [acquitted defendant] Brian Hynes and said 'I really support what you are doing. Keep doing it.'"

One of the jurors openly told Kirsten Tynan, executive director of the Fully Informed Jury Association, that the verdict "was, indeed, a case of conscientious acquittal."

If you need any further evidence of the mainstreaming of jury nullification as a check on state power, look no further than the Denver district attorney, Beth McCann. A long-time prosecutor elected to office just last year, she also has some experience on the defense side. Specifically, she represented a woman prosecuted for failing to report extra income while she was on welfare. "That left McCann with a shaky defense," noted a profile in 5280. "She'd argue jury nullification, an infrequently used legal concept in which a jury can acquit a person because it believes a law is unfair or burdensome... She won."

Under the circumstances, the Denver DA's office is probably going to have a hard time leaning on defendants, attorneys, and jurors who themselves support the power of the jury to rein in government.

And that's good not just for Denver residents, but for anybody who is willing to take advantage of the often-annoying demands of jury duty to throw a little sand in the machinery of our intrusive government.

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#1. To: Deckard (#0)

jury nullification

When you are too high to run and win political office to CHANGE laws... and being an anarchist copblock black Lies Matters asshole isn't working... you always have jury nullification.

Haaaaaa

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2017-12-13   6:37:38 ET  Reply   Trace   Private Reply  


#2. To: GrandIsland (#1)

being an anarchist

Alternate text if image doesn't load

“Truth is treason in the empire of lies.” - Ron Paul

Those who most loudly denounce Fake News are typically those most aggressively disseminating it.

Deckard  posted on  2017-12-13   6:41:48 ET  (1 image) Reply   Trace   Private Reply  


#3. To: Deckard (#2)

To any anarchist (which you willingly admit you are), everyone that's not an anarchist will always fit the definition of "statist" in an anarchist eyes. Dumbshit.

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2017-12-13   6:53:22 ET  Reply   Trace   Private Reply  


#4. To: GrandIsland (#1)

jury nullification When you are too high to run and win political office to CHANGE laws... and being an anarchist copblock black Lies Matters asshole isn't working... you always have jury nullification.

Actually that isn't anarchy. Do some reading on the first supreme court head justice John Jay. He said it is the juries duty to judge law and fact. What we have right now is tyranny by the judges thinking they judge the law and not the jurors.

A K A Stone  posted on  2017-12-13   6:56:50 ET  Reply   Trace   Private Reply  


#5. To: A K A Stone (#4)

I wasn't making any opinion towards "jury nullification". Whether it's legal, proper, good, bad... nothing. If a jury of a defendants peers decides the fate of that defendant, I'm good with the results. My point I was making was different. It leaned towards DickTards inability to CHANGE laws he doesn't agree with... and continually violating those laws isn't working well for his AGENDA. SO... jury nullification he preaches. It's kinda like preaching to your dumb LF SHEEP that credit card debt and credit company interest rates are too high, so Gamble your paycheck in Vegas as a chance to eliminate your debt. I'm not against the gambling, but it's not the answer to the problem, either.

I'm figuring you were smart enough to see where I was coming from... so WHY the ingenious plug for jury nullification?

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2017-12-13   7:28:42 ET  Reply   Trace   Private Reply  


#6. To: A K A Stone (#4)

Actually that isn't anarchy.

You can't really expect an ex-cop with a questionable GED to understand that, can you?

To that poster, anyone who doesn't subscribe to his brand of punitive populisim is automatically labeled an "anarchist".

I doubt that he even knows what the word means.

Do some reading on the first supreme court head justice John Jay. He said it is the juries duty to judge law and fact.

Once again - that would presume the statist poster actually can read a book.

“Truth is treason in the empire of lies.” - Ron Paul

Those who most loudly denounce Fake News are typically those most aggressively disseminating it.

Deckard  posted on  2017-12-13   7:40:32 ET  Reply   Trace   Private Reply  


#7. To: Deckard (#6) (Edited)

To myself, anyone who doesn't subscribe to my brand of anything goes anarchy, is automatically labeled an "statist".

There, I fixed your ramblings fueled by THC, for you.

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2017-12-13   7:48:55 ET  Reply   Trace   Private Reply  


#8. To: GrandIsland (#5)

so WHY the ingenious plug for jury nullification?

Judy nullification is one of our primary protections from laws that are being misused, -- laws of dubious constitutionality, such as fiat prohibitions against booze, mild drugs, gambling, etc.

The USA was not set up as a police state, with an inflexible rule of law.

tpaine  posted on  2017-12-13   8:02:25 ET  Reply   Trace   Private Reply  


#9. To: Deckard (#0)

Rebellious Jurors Make the World a Better Place
How do they, when it is of the utmost importance in our society that while we seek to justly punish anyone guilty of a crime, we must take great care to do so with extreme caution and due diligence to constantly observe the rule of law laid down during the process?

Paramount attention must be given to the rule of law as being an integral part of maintaining civil order and to prevent disgruntled individuals from circumventing the rule of law while guided solely by their personal agenda, political motive or decidedly vengeful attitude.

We must always ensure that all rights are protected with vigor and transparency regardless of any personal repugnance we may feel towards any commission of a crime or our attitude towards a selected law.

Thus, we also must forever remember there are somewhat seemingly laudable efforts by individuals to promote jury nullification without a constant consideration for justice under the law. We must always be cautioned that if we decidedly take independent action because of personal opinion and a distaste for written and prescribed law, then justice becomes nothing more than the instrument of tyranny.

Is that what we want in our civilized society….tyranny? There are some among us who do and continue to actively promote their efforts to that end. God help their poor souls and forgive them for they know not what they do.

Gatlin  posted on  2017-12-13   8:54:20 ET  Reply   Trace   Private Reply  


#10. To: Deckard (#0)

Rebellious Jurors Make the World a Better Place

On what planet?

Oh wait -- PLANET ANARCHY?

Gotcha.

Liberator  posted on  2017-12-13   9:03:16 ET  Reply   Trace   Private Reply  


#11. To: Gatlin, GrandIsland, Deckard, hondo68 (#9)

Is that what we want in our civilized society….tyranny?

They do....on Deckard and Hondo's sick and confused chaotic planet

Liberator  posted on  2017-12-13   9:04:32 ET  Reply   Trace   Private Reply  


#12. To: Liberator (#10)

Rebellious Jurors Make the World a Better Place

On what planet?

Oh wait -- PLANET ANARCHY?

As has been stated above - jury nullification is NOT anarchy.

“Truth is treason in the empire of lies.” - Ron Paul

Those who most loudly denounce Fake News are typically those most aggressively disseminating it.

Deckard  posted on  2017-12-13   9:04:58 ET  Reply   Trace   Private Reply  


#13. To: Deckard (#12) (Edited)

As has been stated above - jury nullification is NOT anarchy.

No, and elections of pro-baby killer Democrats don't necessarily mean we are hurdling towards a fascist-Commie tyranny. But that's the goal, isn't it?

And...how you miss the painfully obvious makes your political obsessions curious.

Liberator  posted on  2017-12-13   9:10:52 ET  Reply   Trace   Private Reply  


#14. To: Gatlin, Liberator, GrandIsland (#9)

Is Jury Nullification Legal? Yes, jury nullification is legal in the United States and many other countries as well. The rest of this section will discuss only the details with respect to the United States.

In the United States, it is illegal for a judge to direct a jury that it must deliver a Guilty verdict, jurors cannot be punished for their verdicts whatever their reasons may be, and a jury’s verdict of Not Guilty cannot be overturned.

Confusion over whether or not jury nullification is legal often comes from prosecutors, judges, and other detractors who wish to discourage its use. They will often strongly imply or outright falsely state—even in the instructions to the jury—that “there is no such thing as valid jury nullification” or that to engage in jury nullification would constitute a violation of the juror’s oath.

Such harsh and authoritative-seeming statements are intended to dissuade jurors from exercising their full authority as the final arbiter in courts of law. But even in appeals cases with rulings unfavorable to jury nullification, such as those allowing judges to fail to inform or to outright lie to jurors about jury nullification, courts agree that jury nullification is a power that jurors have, that they cannot be punished for exercising it, and that Not Guilty verdicts cannot be overturned even if arrived at by way of conscientious acquittal.

“Truth is treason in the empire of lies.” - Ron Paul

Those who most loudly denounce Fake News are typically those most aggressively disseminating it.

Deckard  posted on  2017-12-13   9:11:59 ET  Reply   Trace   Private Reply  


#15. To: Deckard, Gatlin, GrandIsland (#14)

Stop wasting our time with your spam.

Here's the bottom line:

You HATE cops. In your opinion, NO ONE is guilty of crimes (because they've been supposedly "set up.")

EXCEPTION: COPS.

Liberator  posted on  2017-12-13   9:16:07 ET  Reply   Trace   Private Reply  


#16. To: Liberator (#15)

Stop wasting our time with your spam.

Sorry if facts bother you so much. And what do you mean "our" time? Do you speak for all the members of the forum now?

You HATE cops.

I hate bad ones. As should you.

In your opinion, NO ONE is guilty of crimes (because they've been supposedly "set up.")

Uh....no it's not my opinion.

“Truth is treason in the empire of lies.” - Ron Paul

Those who most loudly denounce Fake News are typically those most aggressively disseminating it.

Deckard  posted on  2017-12-13   9:26:39 ET  Reply   Trace   Private Reply  


#17. To: Deckard (#14)

Why do you continually copy and paste other peoples thoughts and opinions?

Is it because you have no independent thoughts and opinions of your own and therefore cannot adequately think for yourself? That would be one logical conclusion.

You always have active filings of links to post from to cover your lack of conviction and your inability to intelligently express yourself. My God, man….do your own thinking and stop with the posting of links to let other peoples’ opinions completely control your mind.

Repeatedly copying and pasting the ideas of others makes you look more stupid that you no doubt are.

Gatlin  posted on  2017-12-13   9:28:07 ET  Reply   Trace   Private Reply  


#18. To: Deckard (#17)

Stop wasting our time with your spam.

If you won’t listen to my sage advice because you don’t like me….
then please listen to others who are telling you the same thing.

Gatlin  posted on  2017-12-13   9:31:02 ET  Reply   Trace   Private Reply  


#19. To: Gatlin (#17)

Why do you continually copy and paste other peoples thoughts and opinions?

At least I post a link.

What's the matter Gatslime - facts make you wanna cry?

You always have active filings of links to post

Gee whiz idiot - it's called "Google".

...do your own thinking...

Oh the irony!

...the posting of links to let other peoples’ opinions completely control your mind.

I posted the links to show that it's not just my opinion that jury nullification is legal.

Fricking cry-baby!

“Truth is treason in the empire of lies.” - Ron Paul

Those who most loudly denounce Fake News are typically those most aggressively disseminating it.

Deckard  posted on  2017-12-13   9:34:19 ET  Reply   Trace   Private Reply  


#20. To: Gatlin (#18)

If you won’t listen to my sage advice because you don’t like me…. then please listen to others who are telling you the same thing.

Yeah - now the both of you speak for the entire forum.

What a colossally arrogant prick you are!

“Truth is treason in the empire of lies.” - Ron Paul

Those who most loudly denounce Fake News are typically those most aggressively disseminating it.

Deckard  posted on  2017-12-13   9:35:47 ET  Reply   Trace   Private Reply  


#21. To: Deckard (#19)

At least I post a link.
Sport, there is no “at least” about it. That is ALL you ever DO, post spamming links. Is your mind so feeble that you cannot formulate thoughts and opinions of your own? Your spamming actions indicate that to be true. Sad.

Gatlin  posted on  2017-12-13   9:43:02 ET  Reply   Trace   Private Reply  


#22. To: Deckard (#19)

What's the matter Gatslime - facts make you wanna cry?

I truly believe that crying is something you are incapable of doing.

Gatlin  posted on  2017-12-13   9:43:54 ET  Reply   Trace   Private Reply  


#23. To: Gatlin (#21)

That is ALL you ever DO, post spamming links

Look up the definition of spam assclown.

I posted a couple of paragraphs - which simply validated my claim that jury nullification is LEGAL

Now - do you have a rebuttal, or are you going to keep whining like a little girl?

“Truth is treason in the empire of lies.” - Ron Paul

Those who most loudly denounce Fake News are typically those most aggressively disseminating it.

Deckard  posted on  2017-12-13   9:46:52 ET  Reply   Trace   Private Reply  


#24. To: Deckard (#19)

You always have active filings of links to post Gee whiz idiot - it's called "Google".
No, it called displaying a lack of intelligence when you must consistently rely on the spammed opinions of others to display your inability to think for yourself.

Gatlin  posted on  2017-12-13   9:47:31 ET  Reply   Trace   Private Reply  


#25. To: Gatlin (#24)

...rely on the spammed opinions of others to display your inability to think for yourself.

Once again for the learning impaired - I posted that link to bolster my own claims.

Jury nullification is LEGAL.

Now stop whining and deal with that fact.

“Truth is treason in the empire of lies.” - Ron Paul

Those who most loudly denounce Fake News are typically those most aggressively disseminating it.

Deckard  posted on  2017-12-13   9:49:07 ET  Reply   Trace   Private Reply  


#26. To: Deckard (#16)

Sorry if facts bother you so much.

Like what? MOST cops are "bad?

Like...Roy Moore is a "pedophile"?

Like...Donald Trump is a "sexual predator" who should be "impeached"?

Let's put YOU on trial here as well. With flimsy proof. How much are you going to like it?

Liberator  posted on  2017-12-13   9:49:09 ET  Reply   Trace   Private Reply  


#27. To: Deckard (#23)

Now - do you have a rebuttal …

I don ‘t rebut spam.

Gatlin  posted on  2017-12-13   9:49:09 ET  Reply   Trace   Private Reply  


#28. To: Liberator (#26)

Like...Roy Moore is a "pedophile"?

I don't really know if he is or not.

Like...Donald Trump is a "sexual predator" who should be "impeached"?

I simply asked a hypothetical question.

“Truth is treason in the empire of lies.” - Ron Paul

Those who most loudly denounce Fake News are typically those most aggressively disseminating it.

Deckard  posted on  2017-12-13   9:50:46 ET  Reply   Trace   Private Reply  


#29. To: Deckard (#16)

And what do you mean [wasting] "our" time? Do you speak for all the members of the forum now?

Answer: 2 + 2.

You are wasting ALL of our time spamming the side bar with one "Cops are Evil!!" post after another -- when it's not, "Hey man -- our Pot right are being squashed by The Man."

Sheeeet. Grow the hell up.

Liberator  posted on  2017-12-13   9:51:12 ET  Reply   Trace   Private Reply  


#30. To: Gatlin (#27)

Now - do you have a rebuttal …

I don ‘t rebut spam.

No - you can't rebut FACTS.

“Truth is treason in the empire of lies.” - Ron Paul

Those who most loudly denounce Fake News are typically those most aggressively disseminating it.

Deckard  posted on  2017-12-13   9:51:15 ET  Reply   Trace   Private Reply  


#31. To: Deckard (#28)

I don't really know if he is or not.

Your posting sez otherwise.

Liberator  posted on  2017-12-13   9:51:53 ET  Reply   Trace   Private Reply  


#32. To: Deckard (#25)

Jury nullification is LEGAL.

Where did I ever say it was ILLEGAL?

Now, go back and read what I said.

And, quit always trying to piss into the wind …

Gatlin  posted on  2017-12-13   9:52:14 ET  Reply   Trace   Private Reply  


#33. To: Deckard (#16)

I hate bad ones [copes]. As should you.

Of course I do....

But there IS a sense of propriety, proportion, and fairness. You've gone way over the line for reasons only you know.

Liberator  posted on  2017-12-13   9:53:14 ET  Reply   Trace   Private Reply  


#34. To: Deckard (#30)

No - you can't rebut FACTS.

Sure I can….if you would ever state some and stop with the constant copy and paste spamming.

Gatlin  posted on  2017-12-13   9:53:33 ET  Reply   Trace   Private Reply  


#35. To: Deckard (#23)

Look up the definition of spam assclown.

Don’t need to look it up, I know it when I see it.

And that is mostly all of what I see you continually doing.

Gatlin  posted on  2017-12-13   9:56:24 ET  Reply   Trace   Private Reply  


#36. To: Deckard (#28)

To: Liberator

Like...Roy Moore is a "pedophile"?

I don't really know if he is or not.

Like...Donald Trump is a "sexual predator" who should be "impeached"?

I simply asked a hypothetical question.

#9. To: GrandIsland (#8)

The correct way to look at ANY of these claims, is that the political figure running for office IS INNOCENT UNTIL PROVEN GUILTY... and if he/she should win and proven guilty after, they need to step down

So...when the allegations about Trump lecherously fondling numerous women turn out to be true, we can count on your whole-hearted support for his resignation, right?

“Truth is treason in the empire of lies.” - Ron Paul

Those who most loudly denounce Fake News are typically those most aggressively disseminating it.

Deckard  posted on  2017-12-13   8:01:08 ET  Reply   Trace   Private Reply  

Liberator  posted on  2017-12-13   9:56:56 ET  (1 image) Reply   Trace   Private Reply  


#37. To: Deckard (#25)

Once again for the learning impaired -
That’s a joke coming from you …

Thanks for the hearty laugh …

Gatlin  posted on  2017-12-13   9:58:54 ET  Reply   Trace   Private Reply  


#38. To: Liberator (#36)

Decktard is hypocritical to defend or propagate his cop hating agenda. He cleverly hides the agenda by saying... "I hate bad cops".

I hate racist football players... but I don't post every article about NFL players that get arrested. If I did... it's safe to say I hate all NFL players.

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2017-12-13   19:59:01 ET  Reply   Trace   Private Reply  


#39. To: Liberator, Gatlin, Deckard, GrandIsland, SJW Snowflakes (#11)


….tyranny?

They do....on Deckard and Hondo's sick and confused chaotic planet

If a jury finds you and Gatlin guilty, you'll be picking up the soap for Anthonys Weiner. That's justice, not tyranny.

The jury renders a verdict... the rule of law. If you don't like it, move to Somalia!

hondo68  posted on  2017-12-13   20:51:06 ET  (1 image) Reply   Trace   Private Reply  


#40. To: hondo68 (#39)

The jury renders a verdict... the rule of law. If you don't like it, move to Somalia!

That's what I was saying about the Shaver shooting... but your anarchist Trump hating doppelgänger, DickTard, wasn't in agreement with you.

You might need to give DickTard a call on the phone and get on the same libtard track.

I'm the infidel... Allah warned you about. كافر المسلح

GrandIsland  posted on  2017-12-13   21:04:09 ET  Reply   Trace   Private Reply  



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