Medical Marijuana Prosecutions and Jury Nullification

[Sandpiper]

Just a friendly reminder to all DUers who might find themselves on a jury in a Medical Marijuana prosecution, or any other prosecution for that matter.

As a juror, your highest duty is to render a just verdict. With that in mind, you as a juror have an unalienable right to veto or nullify a law that you consider oppressive or unjust. In other words, you have the right to acquit an accused person, not withstanding the letter of the law, if you believe a conviction would be unjust or unfair.

And the best part about it is, you are answerable to no one for voting your conscience and nullifying unjust laws. Jury nullification is truly the best kept secret in our criminal justice system. Help get the word out. Nullification for Medical Marijuana prosecutions.


More info at:

http://www.americanjuryinstitute.org/

[mongo]

1. It's a secret that if you violate you could end up in jail yourself

Judges routinely tell jurors that you can only rule on whether the defendant is guilty or innocent - and that your feelings about the particular law is irrelevant.

So, if you go this route and cause a hung jury - because you'll never convince 11 other people to go against what a judge is saying - when the judge finds out what you've been up to you are likely to have a contempt of court charge thrown at you.

If you can afford the fine, or 30 days in jail, go for it. It is one of the few protest methods left that an individual can do that will have an impact. But beware that you may very well pay a price for it.

You can appeal the decision, but you would be out of jail and paid the fine before you ever saw an appeal court.

[MindPilot]

4. openly stating you don't agree with a law

is THE fastest way to get out of jury duty.

On edit Actually walking in and saying "you were FANTASTIC last night!!" to one of the attorneys is the fastest way.

[RaleighNCDUer]

9. Better that I serve 30 days for contempt than that some poor

schmuck with cancer serve years for a drug conviction.

Not that that's likely - no medical marijuana in this state.

[mongo]

10. and I applaud you for that!

I admire your courage and conviction. Not many are willing to take that risk.

I had the option to be illegally arrested on a public street outside of the "secure area" for holding an anti-bush sign during a Bush rally in Cambridge, Oh. There were tons of people on the street, waiting for his motorcade to pass, but our group was marched out of the area. I argued with the cops for two minutes and was threatened with arrest - I really wanted to tell them to go for it, but I had my store to open the next day and I know I wouldn't have gone before a magistrate before Monday. Not to mention it would have put a considerable strain on my wife.

They were so out of line, any charges would have been dropped on Monday, but I would have spent Sat night and Sunday in jail. So I took the easy way out.

So, you have my respect and admiration my friend.

[MindPilot]

2. During jury selection do not mention you oppose drug laws

I was on a jury panel once when that very question came up. The judge stopped the proceedings and asked the entire panel who had a problem with drug laws. Slowly hands went up; ultimately more than half the potential jurors indicated they didn't agree with prohibition.
The judge said "everyone with your hands up, you're all excused. Thank you for your service."

(This case was over a trace amount of cocaine and would've been the defendant's third strike.)

[meow2u3]

6. That's how prosecutors stack the jury to favor conviction

and get conviction-prone, right-wing nutbags on the jury, effectively creating an atmosphere or jury nullification in reverse.

[sweetheart]

7. I guess the trick is to not raise your hand

and then to insist that there was not enough proof to satisfy your
conscience.

Great idea sandpiper! It is civil disobedience at its best.

[mongo]

8. And in that case you would have been actually in contempt of

court. I mean, if the judge asks if anyone has a problem with the law and you DON'T hold up your hand - you've just lied to the court.

If you later are the sole dissenter on the jury, the judge will hang you out to dry. Not saying that it's right, there is a fine tradition of jury nullification in this country, especially in trials of runaway slaves, but if you make a stand, you will pay a price.

[uppityperson]

3. Not giving any legal advice, just saying?

kick

[Sandpiper]

5. My advice is that of a concerned citizen

Who does not wish to see harmless people persecuted for allievating their suffering.