Too many of the potential jurors said that even if the defendant, Elisa Meadows, was guilty, they were unwilling to issue the $500 fine a city attorney was seeking, said Ren Rideauxx, Meadows’ attorney.

      • lolcatnip@reddthat.com
        link
        fedilink
        English
        arrow-up
        23
        ·
        edit-2
        10 months ago

        At a systemic level, its validity is kind of irrelevant because any time you ask a human being to judge whether a law is broken, there’s no way to prevent them from saying no because they don’t agree with the law. Prosecutors and judges can try to weed out jurors who will answer based on their conscience rather than just facts, but they can’t eliminate the possibility.

        On a personal level, I can recognize nullification is easy to abuse, but if I’m on a jury and I’m asked to convict someone of breaking an unjust law, I could not in good conscience sacrifice that person’s freedom just because another juror in a different trial could do the same thing for bad reasons.

        As the question of whether nullification should be promoted, I think it should, because people have a right to know how their government works as part of their right to choose how it works. A government whose most fundamental mechanisms can’t hold up to public security is ipso facto authoritarian and undemocratic.

      • Maggoty@lemmy.world
        link
        fedilink
        arrow-up
        21
        ·
        10 months ago

        The validity isn’t debatable. Just it’s checkered history. Ending jury nullification would require making the jury an advisory body or getting rid of it altogether. And considering it’s entire purpose is to be the last check on the justice system, that’s not happening any time soon.

        • frezik@midwest.social
          link
          fedilink
          arrow-up
          1
          arrow-down
          11
          ·
          10 months ago

          No, dude. It’s popular on the Internet. Talk to real lawyers about it. When I’ve come across it with them, they rate it barely higher than SovCit nonsense.

          • Maggoty@lemmy.world
            link
            fedilink
            arrow-up
            10
            arrow-down
            1
            ·
            10 months ago

            Here’s the ACLU on it. Let me know when they’re willing to defend Sovereign Citizens.

            Here’s Cornell Law School on it, and their operative quote.

            This can occur because a not guilty verdict cannot be overturned and jurors are protected regardless of their verdicts.

            So please tell me how this is a conspiracy theory with no legal force?

      • Blackmist@feddit.uk
        link
        fedilink
        English
        arrow-up
        13
        ·
        10 months ago

        I mean sure, if “a jury of your peers” means at least seven other racist fucks, then it could very well go badly.

        But it keeps the laws of the land on the same page as the opinions of the people. Jury nullification is as close to democracy as you can hope for.

      • stoly@lemmy.world
        link
        fedilink
        arrow-up
        9
        ·
        10 months ago

        LOL amazingly a jury can decide how they want and that’s the end of it. the fact that someone may not like it is immaterial.

        • frezik@midwest.social
          link
          fedilink
          arrow-up
          8
          arrow-down
          6
          ·
          edit-2
          10 months ago

          Uhh, no. That’s not how it works.:

          According to the U.S. Supreme Court decision in Sparf v. U.S., written by Justice Harlan, juries have no right to ignore the law when rendering the jury’s verdict. However, nullification still occurs in some instances because of the secrecy of jury deliberations. It is difficult to determine if a jury negates the law, especially in close cases.

          If it was up to judges, it would never be allowed, and cases would go to appeal or retrial if it happens. It only continues because jury deliberations are private. If judges found out, they would toss it.

          • stoly@lemmy.world
            link
            fedilink
            arrow-up
            12
            ·
            10 months ago

            You’ve just proven that the SCOTUS decision is fully unenforceable, which means that jury nullification is the de facto law of the land.

            • frezik@midwest.social
              link
              fedilink
              arrow-up
              3
              arrow-down
              4
              ·
              10 months ago

              It’s not. People blab about it a lot. Often right during jury selection, which makes it easy.

              • stoly@lemmy.world
                link
                fedilink
                arrow-up
                2
                ·
                edit-2
                10 months ago

                That’s the one time they will get you. The other is like in the Darryl Brooks trial where he tried to bring it up repeatedly and was shut down instantly by the judge.

                • frezik@midwest.social
                  link
                  fedilink
                  arrow-up
                  1
                  arrow-down
                  3
                  ·
                  10 months ago

                  People blab all the time when they think they’re on to something smart. It’s surprisingly reliable.

              • afraid_of_zombies@lemmy.world
                link
                fedilink
                arrow-up
                1
                ·
                10 months ago

                Very well. Please show the part of the federal criminal code that allows a juror to be prosecuted for thought crime. I will wait.

      • _dev_null@lemmy.zxcvn.xyz
        link
        fedilink
        arrow-up
        11
        arrow-down
        3
        ·
        10 months ago

        “It is better that ten guilty persons escape than that one innocent suffer.”

        -William Blackstone

          • CileTheSane@lemmy.ca
            link
            fedilink
            arrow-up
            6
            arrow-down
            2
            ·
            edit-2
            10 months ago

            I’ll bite:
            First of all can we acknowledge that every system is going to be flawed? You’re either going to have innocent people convicted and sent to jail, or guilty people set free. Likely you’ll have some of both.

            With that in mind, what do you consider an acceptable ratio of innocent people convicted in order to make sure guilty people are also convicted? As many as it takes?

            • pinkdrunkenelephants@lemmy.cafe
              link
              fedilink
              English
              arrow-up
              3
              arrow-down
              5
              ·
              edit-2
              10 months ago

              The claim I’m making is that systemic flaws are unavoidable and therefore Blackstone’s formulation is a pile of horseshit.

              It literally doesn’t even matter what system I think would be better. I claimed that societies can’t function under Blackstone’s formulation and our present circumstances prove that point handily.

              Just because you are happy with it doesn’t mean it’s good or that other people should just accept it.

      • Fudoshin ️🏳️‍🌈@feddit.uk
        link
        fedilink
        arrow-up
        3
        ·
        10 months ago

        It’s called Perverse Jury in the UK and it’s always caused major shocks when it’s happened: https://en.wikipedia.org/wiki/Jury_nullification#England_and_Wales

        Judges don’t like it and politicians have considered making it illegal. It’s been really heating up recently (2021 & 2023) with environmental protestors being acquitted after juries refused to find them guilty.

        Judges have tried to avoid it in those cases by blocking the defendent from explaining their moral argument. People were acquitted of the crime but then convicted of contempt of court for breaching the judges orders.