Jury Nullification

[Smoknbabe]

Jury Nullification as described in Wikipedia

Jury nullification means making a law void by jury decision, in other words "the process whereby a jury in a criminal case effectively nullifies a law by acquitting a defendant regardless of the weight of evidence against him or her."[1]

Jury nullification is more specifically any rendering of a verdict by a trial jury, acquitting a criminal defendant despite the defendant's violation of the letter of the law. This verdict need not disagree with the instructions by the judge concerning what the law is, but may disagree with an instruction, if given by the judge, that the jury is required to apply the law to the defendant if certain facts are found.

Although a jury's refusal relates only to the particular case before it, if a pattern of such verdicts develops in response to repeated attempts to prosecute a statutory offense, it can have the practical effect of disabling the enforcement of the statute. "Jury nullification" is thus a means for the people to express opposition to an unpopular legislative enactment.

The jury system was established because it was felt that a panel of citizens, drawn at random from the community, and serving for too short a time to be corrupted, would be more likely to render a just verdict, through judging both the accused and the law, than officials who may be unduly influenced to follow merely the established law. Jury nullification is a reminder that the right to trial by one's peers affords the public an opportunity to take a dissenting view about the justness of a statute or official practices.

Despite perceived righteous applications of jury nullification, this verdict anomaly can also occur simply as a device to absolve a defendant of culpability. Sympathy, bias or prejudice can influence some jurors to wholly disregard evidence and instruction in favor of a sort of "jury forgiveness."

“ I consider trial by jury as the only anchor yet imagined by man by which a government can be held to the principles of its constitution. ”
—Thomas Jefferson, 1789 letter to Thomas Paine

“ The jury has the right to judge both the law as well as the fact in controversy. ”
—John Jay, first Chief Justice of the United States Supreme Court



Historical examples include American revolutionaries who refused to convict under English law,[2] juries who refuse to convict due to perceived injustice of a law in general,[3] the perceived injustice of the way the law is applied in particular cases,[4] and cases where the juries have refused to convict due to their own prejudices such as the race of one of the parties in the case.[5]

[DaMagoMan]

Works in the PanHandle

Man Acquitted in Pot Case

[Weed420]

The sad part is that with over 70% of the US population smoking or have smoked cannabis and they don't seem to be paying attention in the jury box. Any non violent drug crime should be acquited by atleast one juror. My personal opinion of why this isn't happening is because the only people that seem to sit on juries are old retired farts like me. We need some younger people to get on these juries. Thats why its important that you register to vote.

[Medical Marijuana]

Great thread!

[Smoknbabe]

Thanks *****!!
Hugs!

B

[Ganjarden]

I was recently selected to do jury duty what a fun day. sadly i wasn't on a jury just sat there for 4 hours and read the paper. I had this on my mind the entire time. I wish I could have been on a jury in a cannabis case I would have argued for this the entire time.

[Umpsy]

The article neglects to mention that Jury Nullification only works when the law being applied is in violation of the state or US constitution.

In the case of the Marijuana possesion; the 'Federal Controlled Substances Act' is in violation of the 9th and 10th amendments of the US constitution. It helps to read the 10th then the 9th.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.


Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

-Umpsy

[Smoknbabe]

Thank you Umpsy! Beautiful!! What every Cannabis supporter needs to know!!! I needed to know it! Big Hugs!!


Hey Man, Where da killa?? Oh Hi KillerWeed!! How arrgh ya?? I agree with what you say and would like to add that I am in opposition of the prisons being built here in texas just to hold non violent offenders. I feel that the numbers of people being put there because of Cannabis should not only be disturbing, but something should be done about it.

Education is a key. a necessary key that does indeed take precedence, but there are others.
Organization is a key as well. We need to organize the facts in a manner presentable to the chiefs of the land.
Unity is a key as well, A house devided against itself cannot stand. Look at the Democratic party. They were devided; Obama/Clinton. They had to unite and come together for the betterment of their party. They had to set aside their differences And they did.
and then you have Stratagy which is a very important key. As well.

We can do it!

I say we can do it!!
I say we can make a difference!!

[Weed420]

Originally Posted by Smoknbabe

Thank you Umpsy! Beautiful!! What every Cannabis supporter needs to know!!! I needed to know it! Big Hugs!!


Hey Man, Where da killa?? Oh Hi KillerWeed!! How arrgh ya?? I agree with what you say and would like to add that I am in opposition of the prisons being built here in texas just to hold non violent offenders. I feel that the numbers of people being put there because of Cannabis should not only be disturbing, but something should be done about it.

Education is a key. a necessary key that does indeed take precedence, but there are others.
Organization is a key as well. We need to organize the facts in a manner presentable to the chiefs of the land.
Unity is a key as well, A house devided against itself cannot stand. Look at the Democratic party. They were devided; Obama/Clinton. They had to unite and come together for the betterment of their party. They had to set aside their differences And they did.
and then you have Stratagy which is a very important key. As well.

We can do it!

I say we can do it!!
I say we can make a difference!!

Optimism overload!!!!lol
I wish I could be that optimistic.

[Smoknbabe]

Originally Posted by KillerWeed420

Optimism overload!!!!lol
I wish I could be that optimistic.

Thank you!!