Your Constitutional Right + Jury Nullification!
Jury Nullification
Article III Section II of the United States Constitution: "The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed. " (emphasis mine)
So, for those of you who get caught,
1) Instead of taking probation or whatever, demand a trial by jury.
2) Instruct your lawyer to educate the jury on jury nullification.
3) Get aquitted of all charges.
As long as you weren't harming anyone while you were smoking, you should be able to convince at least one juror to say "not guilty." Just continue to pound the "Why does it matter if I smoke? It is my body, and it is my right to do with it as I please...as long as I am not harming anyone else" excuse through the juror's heads and you should be fine.
Your Constitutional Right + Jury Nullification!
The jury's job is not to say whether the law is fair- that is a matter that goes through the appeals process and lands on the desk of the appropriate supreme court.
The jury is there to say yea or nay as to whether there is ample evidence, beyond reasonable doubt, that you have broken the law.
If you want to change the law, you could get caught and then TRY to go appeal it (good luck- you'd need deep pockets, a GREAT attorney, as in, his business card says, 'Joe Schmoe The Great, ESQ, and some serious luck that the judge won't just deny the appeal)... or you could just lobby your elected officials hard...
What you are talking about would be considered a hung jury and result in a mistrial.
Your Constitutional Right + Jury Nullification!
Your Constitutional Right + Jury Nullification!
Oh God, this already reminds me of the Brotherhood posts...
Get ready to mortgage your eternal soul for the attorney who can pull it off. Good luck. Sincerely.
Your Constitutional Right + Jury Nullification!
You don't need a Johnny Cochran type lawyer to get acquited.
As long as you plead your case, inform the jurors of the history of jury nullification and it's purpose, and act civil and polite....you should be gold.
The moment you act like a douche, or a drug-addict, you're probably screwed.
Most people are sensible enough to understand that what you did was not "evil" enough to deserve punishment. Just hope you don't get stuck with a jury full of hardcore evangelicals.
Your Constitutional Right + Jury Nullification!
chances are stoners all wind up with hand picked jurors.....
Your Constitutional Right + Jury Nullification!
Jury nullififcation is totally legal and should be used in cases where civil rights are clearly be violated by unconstitional laws. A lot of examples. These are for adults. Seatbelt laws, helmet laws,any personal use of ANY drug, growing or harvesting any natural plant,FCC violations. And a lot more. I think the defense attorney's should always make a point to tell the juries about your right to vote your conscience.
Your Constitutional Right + Jury Nullification!
Approached from that perspective, it should be told to all juries during the swearing-in, similar to the Miranda rights that are told to all people arrested, rather than being something that individual attorneys may or may not choose to explain.
Your Constitutional Right + Jury Nullification!
Quote:
Originally Posted by stinkyattic
Approached from that perspective, it should be told to all juries during the swearing-in, similar to the Miranda rights that are told to all people arrested, rather than being something that individual attorneys may or may not choose to explain.
The judges used to tell the Jurors that they had the option, then a court-case ruled that judges don't have to inform the juries of their rights.
You can't "ban" jury nullification, so the next best thing is to not inform the juries that they have a right to use it. It is completely legal, and just, for people to use their right of Jury Nullification....which obviously means the government is against it.
If you are ever put on jury duty, vote your conscience. Even if all the facts say he violated the law, if you feel the law is unjust, vote him innocent.
Your Constitutional Right + Jury Nullification!
The court system in this country is so biased towards the prosecution its virtually impossible for a poor defendent to get any kind of representation in court. They need to pass a simple law. How ever much the prosecution gets to spend on a case the defense gets to spend the same amount.
Your Constitutional Right + Jury Nullification!
The Consti-what? Constitution? What's that?
