General Discussion

zipplewrath

(16,698 posts)

12. I have thought about it

Reply to ProgressiveProfessor (Reply #9)

Thu Dec 22, 2011, 02:17 PM

Dec 2011

Jury nullification is a very "democratic" process. It takes more than one jury, but it can also represent a "minority" view. It is part of the same democratic process that created the Jim Crow laws to begin with. Yes, just as the political process can produce Jim Crow laws, the jury nullification can be used to nullify civil rights. It's all part of the process of self government.

One shouldn't just participate in jury nullification. They should also advocate and vote consistently with such an action. But it can be part of the larger self governing process.

I've often thought that there should be some constitutional principal that laws have to be "supported" by the governed through their own behavior. If 30% or more (at any one time) can be shown to not supporting a law by actually following it, the law becomes invalidated. Large numbers of "social engineering" laws would be gone. Of course that probably would include alot of speed limits.

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Highlight:

To End Ridiculous Pot Arrests, Jurors Should Refuse to Convict Marijuana Arrestees (And Can Do So... [View all] Purveyor Dec 2011 OP

He's right! Vinnie From Indy Dec 2011 #1

I said this a long time ago. ohheckyeah Dec 2011 #2

Here's a great explaination of jury nullification, in PDF, from another DU'er, noamnety: RueVoltaire Dec 2011 #3

"Prosecutors, however, have taken legal action redqueen Dec 2011 #4

Indeed they have. Really annoys judges too ProgressiveProfessor Dec 2011 #10

Simple. Elegant. timtom Dec 2011 #5

I would do it for any drug abuse case Politicalboi Dec 2011 #6

Jury Nullification is far from new ProgressiveProfessor Dec 2011 #7

It's new if you don't know about it Uncle Joe Dec 2011 #8

Same thing happened in southern states during the Civil Rights movement when ProgressiveProfessor Dec 2011 #9

It's all relative, the crime itself must be taken into consideration, members of Uncle Joe Dec 2011 #11

I am not necessarily opposed to jury nullification ProgressiveProfessor Dec 2011 #15

Considering that the "War on Drugs" is an unjust, draconian, immoral, corruptive and racist Uncle Joe Dec 2011 #16

I have thought about it zipplewrath Dec 2011 #12

a request: would you please cross-post this in the Drug Policy Forum? RainDog Dec 2011 #13

This thread is still missing, just posting to see if it shows up. Uncle Joe Dec 2011 #17

Juries, by and lrge, are very pro-state. Laelth Dec 2011 #14

i wonder sylveste Dec 2011 #18

That's just another part of legalized extortion racket. Uncle Joe Dec 2011 #19