ask your lawyers about NULLIFICATION, if charged ...

my lawyer told me all about this, many years ago, but I couldn't remember what he called it ... it is called the 'Nullification' Law, and the lawyers, judges, and prosecutors, usually don't want the jury to know about it ... basically, if a juror sees they have overwhelming evidence against you, but doesn't think you deserve to go to jail for the crime, said jury member can refuse to find you guilty, evidence or not ... no way, this day and age, that you're not gonna find 'pro-pot' jurors, and ya only need ONE :thumbsup:
this is what reminded me of the name:
Maybe This Is The Way The War On Marijuana Ends | Cannabis Culture Magazine

"Jurors should acquit, even against the judge's instruction... if exercising their judgement with discretion and honesty they have a clear conviction the charge of the court is wrong." ~ Alexander Hamilton, 1804

"It is not only the juror's right, but his duty to find the verdict according to his own best understanding, judgement and conscience, though in direct opposition to the instruction of the court." ~ John Adams, 1771

Absolutely. This is the one place where your one vote can really make a difference. If you get a chance to sit on a jury on any bullshit case all you've got to say is not guilty. And they have to either move for a mistrial and let you go or the prosecuting attorney has to refile charges and go through the process again. I have yet to be lucky enough to sit on any of these cases.
And we really need some of you youngsters. Us old bastards are to set in our ways and you just go watch one of these cases its usually just old bastards like myself on the jury.

Jury Nullification has a long history extending back before the United States existed and as a part of British Common Law.

I don't think you'll find many lawyers willing to make the argument for nullification from the bench. A lawyer friend explained to me that practicing criminal defense law was like being an island in a sea. If you piss off DA's and judges you'll find your island getting smaller or some such metaphor or simile.

It's more important to know about nullification when you're serving on a jury. That's when and where you can make a difference.

Anyways, if you'd like to learn more about jury nullification, check out:

Fully Informed Jury Association

They've got pamphlets and lots of other material

Quote:

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"Jurors should acquit, even against the judge's instruction... if exercising their judgement with discretion and honesty they have a clear conviction the charge of the court is wrong." ~ Alexander Hamilton, 1804

"It is not only the juror's right, but his duty to find the verdict according to his own best understanding, judgement and conscience, though in direct opposition to the instruction of the court." ~ John Adams, 1771

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I help cut one pothead loose...back in 2001....:thumbsup:...hung jury..(juror..:stoned:)

8 years later; the DA must keep records on these things?...I got kicked off the jury selection, before I could even sit down....(small town jury)...either that?...or the DA never forgets a face?...oh well....:D

Quote:

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Originally Posted by Dutch Pimp

I help cut one pothead loose...back in 2001....:thumbsup:...hung jury..(juror..:stoned:)

8 years later; the DA must keep records on these things?...I got kicked off the jury selection, before I could even sit down....(small town jury)...either that?...or the DA never forgets a face?...oh well....:D

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Dude, I want to kiss you. In a non-gay heterosexual way, of course! Rock on!

Yea dutch pimp that'd badass!

--SS

This is by far the most realistic, smartest way to go about ending prohibition. Awesome post. Rep for everyone here.
This NEEDS TO BE STICKIED HERE AND IN ACTIVISM!!! PLEASE!!!!
If there were ever any kind of campaign to appeal to people to do their part this would be it. It is something that every single person is capable of doing.
(as long as they let you on the jury! LOL)
This is also why they hardly ever arrest or charge ANYONE in L.A. county, they know that the chances of this happening are high there, and they do not want to set any precedent. So they settle for armed robbery and vandalism, hoping the fear campaign works I guess.
THis needs to be hammered home and hammered and hammered on again. If people that support the use of cannabis, medical or otherwise, would narrow their focus to this particularly, it could change life as we know it.
Of course, I will be in an Obama Detainment Camp soon, so I won't be much help, but you other folks out there....
lol:thumbsup:

OOPs,
Well, a couple of you got some +Rep anyway, the rest of you are apparently S.O.L, I need to spread it around first damn it.

my room mate has jury duty in new york superior court in a month or so, in Manhattan, he is well aware of the concept of jury nullification and he is ready to nullify any charge that doesn't sit well with him. that means drugs, drug dealing, or basically anything that is bullshit. he is a very smart man, he knows his rights as a juror, he knows what he does and does not approve of when it comes to the letter of the law. i hope against all hope he gets put on a huge drug dealing case.

A jury can nullify, but a lawyer can not ethically request it from a jury. the Court instucts the jury the law, and the jury is sworn to apply the law to the facts. It is improper argument to request that they violate their sworn duty and not follow the law.

The best you can do as a lawyer is try to convince the jury that your client is a good guy and attack the government's evidence.

^ lawyers have requested the ability to inform juries of the concept of jury nullification and have been shot down. judges know it would open the floodgates and no more non-violent offenders would go into prison, cause juries are always more liberal than the judges will let them be.

a mistrial could be called if i lawyer requests jury nullification or informs a jury of its existence.

HOWEVER..... the areas in front of courthouses are supreme court sanctioned freedom of speech areas.... which means you cannot be removed from this area just for standing there and talking to people who walk by OR FOR HANDING OUT FLIERS TO THEM. there is a group called the "fully informed jury group" or something and they made a pamphlet that outlines EXACTLY how to properly execute a jury nullification legally, un-reversibly, and without tipping the judge or lawyers off as to whats going to happen in the deliberation room.

there is a key clause in American law that keeps jury nullification alive; its the clause that says you cannot be punished for your verdict, no matter what it is. and the verdict is binding, doesnt matter if they have a video of the dude committing the act, if the jury says "not guilty" he walks free that day.