Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
47 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
If I am on a jury and it's about a doctor providing abortions because abortion is banned... (Original Post) ck4829 May 2019 OP
I firmly believe that a jurors responsibility is to determine guilt based upon the law tymorial May 2019 #1
And that kind of rhetoric is the byproduct of a privileged era that no longer exists ck4829 May 2019 #3
Okay then. I see that you are all in for anarchy. That's cool tymorial May 2019 #8
there's a huge ocean of potential space between refusing to convict on an unjust law and anarchy fishwax May 2019 #18
Jury nullification has had an important role in U.S. history Bradical79 May 2019 #44
Well, there you go. Mariana May 2019 #29
It has been legally employed for centuries without anarchy Bradical79 May 2019 #45
So in 1860 you would be sending escaped slaves back to their owners down south? Laws are laws TeamPooka May 2019 #11
Asked it better than I could ck4829 May 2019 #35
Jury Nullification is a very important legal tool for the juror. TroubleMan May 2019 #12
There is a reason why we have citizen jurors jberryhill May 2019 #14
I normally don't reply on this rzemanfl May 2019 #34
A juror can also judge the law as well as the defendant. backscatter712 May 2019 #22
Are you shitting me?! SCVDem May 2019 #33
If the law and its basis is immoral, fuck the role of the juror. 3Hotdogs May 2019 #46
I'm with you. Juries consider extenuating/mitigating circumstances all the time. nt Hoyt May 2019 #2
True. But they do that after days here all the evidence with an open mind StarfishSaver May 2019 #20
I once felt that way to Kaiserguy May 2019 #37
I would not get past jury selection Tech May 2019 #4
+1 the "voir dire". The lawyer would you have an unbiased vote... nt mitch96 May 2019 #24
i don't think the law will survive long enough to put it to the test. barbtries May 2019 #5
I just got a jury summons for June. One thing that occured to me is that there is no brewens May 2019 #6
People have been getting away with perjury for centuries. It doesn't mean that perjury doesn't exist StarfishSaver May 2019 #16
Yeah. But I will be bringing that up if it were to happen. n/t brewens May 2019 #26
They don't respect human rights... Soph0571 May 2019 #7
Okay. But StarfishSaver May 2019 #17
Cause i'm Better Soph0571 May 2019 #19
That's a difficult question. But we definitely don't determine or protect it by becoming what we StarfishSaver May 2019 #21
Stop being all logical dammit! Soph0571 May 2019 #23
I know, baby StarfishSaver May 2019 #39
Well, it's not happening around here but I'm with you. TreasonousBastard May 2019 #9
They will ask in advance if you can decide with in the rules California_Republic May 2019 #10
Jury nullification HAB911 May 2019 #13
Strongly recommend against that StarfishSaver May 2019 #15
I'd vote against holding him responsible, no matter what. lark May 2019 #25
Roe v Wade is the law on the books saidsimplesimon May 2019 #31
Jurors face a challenge saidsimplesimon May 2019 #27
I think prudence dictates you say no more on this topic till after the trial. Xipe Totec May 2019 #28
The key word was "if." It's a hypothetical situation. nt a la izquierda May 2019 #38
Then, hypothetically, don't post this. Xipe Totec May 2019 #41
Fair point. a la izquierda May 2019 #42
and yes, normally, we are duty bound to follow the rules, but, in a fascist society all bets are off yaesu May 2019 #30
the prosecution proud patriot May 2019 #32
My husband recently served on a jury. rainin May 2019 #36
I wouldn't make it onto that jury because I ooky May 2019 #40
If people base on religion, remind them there is nothing in the Bible that supports that position. TheBlackAdder May 2019 #43
If the doctor contests the law and counsel argues it's unconstitutional NotASurfer May 2019 #47

tymorial

(3,433 posts)
1. I firmly believe that a jurors responsibility is to determine guilt based upon the law
Sat May 18, 2019, 12:37 PM
May 2019

I am certainly disgusted by these abortion laws and I do believe they are completely unconstitutional. However, the role of a juror is quite clear.

ck4829

(35,069 posts)
3. And that kind of rhetoric is the byproduct of a privileged era that no longer exists
Sat May 18, 2019, 12:43 PM
May 2019

A relict if you will.

Some people here say lives are at stake here, I agree with them, if that’s the case, then it’s time to stop playing fair, time to fight dirty.

You’re more than welcome to follow or get out of the way, but I think some of us are willing to embrace the ‘other side’.

tymorial

(3,433 posts)
8. Okay then. I see that you are all in for anarchy. That's cool
Sat May 18, 2019, 01:02 PM
May 2019

You go with that. I am just going to...

fishwax

(29,149 posts)
18. there's a huge ocean of potential space between refusing to convict on an unjust law and anarchy
Sat May 18, 2019, 02:09 PM
May 2019

Juries refusing to enforce unethical laws has a long history in this country, going back well before the Revolution. Forty five years before the bill of rights, the acquittal of John Peter Zenger for the crime of criticizing the colonial governor of New York was a flashpoint in the movement to protect the freedom of the press.

 

Bradical79

(4,490 posts)
44. Jury nullification has had an important role in U.S. history
Sat May 18, 2019, 03:58 PM
May 2019

It's also perfectly legal. Been used to nullify unjust British laws prior to the revolution, to protect runaway slaves, and to help end prohibition, for example.

Mariana

(14,856 posts)
29. Well, there you go.
Sat May 18, 2019, 02:40 PM
May 2019

If you refuse to convict someone because you don't think what he did should be a crime, then you're "all in for anarchy". Isn't that nice to know?

 

Bradical79

(4,490 posts)
45. It has been legally employed for centuries without anarchy
Sat May 18, 2019, 04:01 PM
May 2019

Not sure why it would be any different now.

TeamPooka

(24,221 posts)
11. So in 1860 you would be sending escaped slaves back to their owners down south? Laws are laws
Sat May 18, 2019, 01:16 PM
May 2019

and jurors back then had to make that call too.

TroubleMan

(4,859 posts)
12. Jury Nullification is a very important legal tool for the juror.
Sat May 18, 2019, 01:26 PM
May 2019

Yes, the role of a juror is clear, and jury nullification is part of that role.

 

jberryhill

(62,444 posts)
14. There is a reason why we have citizen jurors
Sat May 18, 2019, 01:42 PM
May 2019

Do you think 12 people chosen off the street st random are better at determining how the facts fit the law better than, say, an expert panel?

No, they aren’t. The ability to say, “Heck no” is part of what makes a jury of peers part of the anti-tyranny mechanism.

backscatter712

(26,355 posts)
22. A juror can also judge the law as well as the defendant.
Sat May 18, 2019, 02:19 PM
May 2019

When you judge the law itself to be unconstitutional or unjust, then it's your prerogative to vote to nullify.

Juries were put in place to be a check against unjust government.

 

SCVDem

(5,103 posts)
33. Are you shitting me?!
Sat May 18, 2019, 03:11 PM
May 2019

They appoint kangaroo court judges for life.

This is our last line for a Democratic rule of law.

So I ask you politely to pound sand!

Thank you!

 

StarfishSaver

(18,486 posts)
20. True. But they do that after days here all the evidence with an open mind
Sat May 18, 2019, 02:12 PM
May 2019

They're not supposed to go in deciding before we didn't hear any evidence but they're going to reject it.

If you feel that you can't convict someone of the crime under any circumstances, you shouldn't serve on the jury.

Kaiserguy

(740 posts)
37. I once felt that way to
Sat May 18, 2019, 03:17 PM
May 2019

No longer. Today we have Judges being appointed to the bench who bring to the table preconceived ideas about how they are going to rule and nothing is done about it. One only has to look at who and what the Federalist Society recommends to the Republican party as judges. They are working hard to pack our courts in order to gain and keep power to benefit big business and the wealthy. This is especially wrong when it comes to the Supreme Court yet they do it and get away with it. So if I can help to stop there BS by hanging a jury than I will do so. The kind of laws that they enact for their kangaroo courts to enforce are laws that harm people and benefit the 1%. I did not start this war on the American workers, Women, Minority's, People of different religious beliefs, Immigrants, etc They did. Putting an end to their greed and hate is something that must be done

barbtries

(28,789 posts)
5. i don't think the law will survive long enough to put it to the test.
Sat May 18, 2019, 12:51 PM
May 2019

but then i thought Hillary would win.

brewens

(13,582 posts)
6. I just got a jury summons for June. One thing that occured to me is that there is no
Sat May 18, 2019, 12:52 PM
May 2019

such thing as perjury anymore. How can there be? If administration officials and people in confirmation hearings can lie to Congress and just revise their remarks with no penalty, how can we penalize an average citizen for lying to us in a district court? In the unlikely evet that happens, I have to insist he or she gets a do over.

 

StarfishSaver

(18,486 posts)
16. People have been getting away with perjury for centuries. It doesn't mean that perjury doesn't exist
Sat May 18, 2019, 02:06 PM
May 2019

Or that you can't or won't be charged with and convicted of it

Soph0571

(9,685 posts)
7. They don't respect human rights...
Sat May 18, 2019, 12:56 PM
May 2019

.... I don't need to respect this fucking stupid law.

And that is from someone who was a lawyer before I decided life was to short

Soph0571

(9,685 posts)
19. Cause i'm Better
Sat May 18, 2019, 02:11 PM
May 2019


You raise a valid point of course, if you undermine the law you undermine democracy. But at this moment in time how do we determine democracy?
 

StarfishSaver

(18,486 posts)
21. That's a difficult question. But we definitely don't determine or protect it by becoming what we
Sat May 18, 2019, 02:14 PM
May 2019

loathe, no matter how justified we think we may be. Because they think they are justified, too.

Soph0571

(9,685 posts)
23. Stop being all logical dammit!
Sat May 18, 2019, 02:19 PM
May 2019

Of course you are right and I spend my life protecting democratic principles... but just sometimes I wish we could be more like those arseholes that don't give a shit. Sorry, but Brexit right now on top of the nasty coming out of the South.... You cannot protect democracy by ignoring democratic principles. But dammit.

 

StarfishSaver

(18,486 posts)
15. Strongly recommend against that
Sat May 18, 2019, 02:05 PM
May 2019

The only way you could make it onto the jury would be, Perjury, Baby

lark

(23,097 posts)
25. I'd vote against holding him responsible, no matter what.
Sat May 18, 2019, 02:25 PM
May 2019

I my be an old white woman, but I was a teenager & young adult during the Viet Nam war period and was spat on and cursed at for daring to march against the war and vilified for speaking up against it. I saw the law as broken and vile when National Guardsmen fired live bullets at unarmed students and killed them with no repercussions at all, not even for the asses that ordered the murder.

I'd definitely vote that he is not guilty and be gleeful inside while doing it.

saidsimplesimon

(7,888 posts)
31. Roe v Wade is the law on the books
Sat May 18, 2019, 02:48 PM
May 2019

The current make up of SCOTUS is good cause to be concerned. It could be overturned.

Most Republican women are not operating in their own best interests. They have their noses to far up their neighbor's business, with their posteriors showing and their minds wrapped in biblical myths. imo

saidsimplesimon

(7,888 posts)
27. Jurors face a challenge
Sat May 18, 2019, 02:36 PM
May 2019

when there is a jury trial. A defense lawyer or prosecutor can question potential jurors in my state.

examples: Have you read about this via any media? Have you formed an opinion on... etc.

Xipe Totec

(43,890 posts)
28. I think prudence dictates you say no more on this topic till after the trial.
Sat May 18, 2019, 02:38 PM
May 2019

Anything you say on this board is subject to discovery. So, it is best for you to delete the post as soon as possible.

Once the trial concludes then you can say whatever you want to say.

Xipe Totec

(43,890 posts)
41. Then, hypothetically, don't post this.
Sat May 18, 2019, 03:36 PM
May 2019

Because, even if you're not in a jury right now, under those circumstances, you may be someday. And if you are, this is still relevant to discovery.

Anything you have ever said before and up until you're actually seated in a jury will still be subject to discovery.

yaesu

(8,020 posts)
30. and yes, normally, we are duty bound to follow the rules, but, in a fascist society all bets are off
Sat May 18, 2019, 02:46 PM
May 2019

I would lie my ass off to get on that jury & do everything I could to help the women or the doctor.

rainin

(3,011 posts)
36. My husband recently served on a jury.
Sat May 18, 2019, 03:16 PM
May 2019

He felt sorry for the plantiff and wished he could vote in his favor. His case was against an insurance company refusing to pay out benefits. The law was on the side of the company. The contract wording was clear. It wasn't right or fair, but the decision had to be based on the law which was clear.

The doctor would be convicted in a court if he broke the law. He would have to be ok with going to prison.

ooky

(8,922 posts)
40. I wouldn't make it onto that jury because I
Sat May 18, 2019, 03:22 PM
May 2019

would tell the court I can't enforce any law I don't believe is constitutional.

Personally I can see courts having a lot of trouble seating 12 people to enforce this bullshit law.

TheBlackAdder

(28,188 posts)
43. If people base on religion, remind them there is nothing in the Bible that supports that position.
Sat May 18, 2019, 03:52 PM
May 2019

.

It's life at first breath, or a fine. No eye for an eye. There is one set of verses that affirms abortion.

No God knows the name stuff, as God kills pregnant women and children, allows miscarriages, and who is to say thatGOd's plan was for that fetus to end in an abortion. These positions are to solidify congregants, fleece them for money and volunteer labor for the church.

.

NotASurfer

(2,149 posts)
47. If the doctor contests the law and counsel argues it's unconstitutional
Sat May 18, 2019, 08:07 PM
May 2019

Well of course you vote not guilty

Harder if doctor pleads guilty and insists on jail as a form of civil disobedience

Latest Discussions»General Discussion»If I am on a jury and it'...