change_notfinetuning
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Thu Apr-22-10 11:10 AM
Original message |
Every person arrested for pot, all 700,000+ each year, should request a jury |
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trial. Not only would it cause judicial and financial havoc, but in most cases, despite the jury instructions, at least one juror would be a likely holdout for acquittal, resulting in a mistrial. Then, for whatever percentage that would amount to, the prosecutors would have to decide whether to waste more of their limited resources to retry a pot smoker. If that doesn't end this nonsense, nothing will. Certainly not the government, when even a guy like Obama takes the Elliot Ness approach and believes in the ultimate success of prohibition.
What was that about the definition of insanity, that we heard so many times during the presidential campaign?
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immoderate
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Thu Apr-22-10 11:17 AM
Response to Original message |
1. This makes sense to me. |
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I have a conviction that I was allowed to plead down to a misdemeanor but it still follows me around. I was naive during the traffic stop and gave permission for a search after the cop threatened me with his dog.
Anyway if I had insisted on a jury trial, I might have at least got a better plea offer.
But I think this approach, if taken by all "suspects," will scare the shit out of them.
--imm
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ima_sinnic
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Thu Apr-22-10 11:21 AM
Response to Original message |
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I wish I could remember where I saw it, but this was one in a list of "what you can do" to help hasten the day when pot will be legal.
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struggle4progress
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Thu Apr-22-10 12:00 PM
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3. A lot of defendants can't afford to go to trial, I think, and the justice system |
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encourages plea bargains by offering lesser sentences than judges might provide -- many judges will be unfriendly at sentencing if the case is straightforward and the defendant wastes state resources on a trial
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stray cat
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Thu Apr-22-10 12:16 PM
Response to Original message |
4. Can we deny bail then? |
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Edited on Thu Apr-22-10 12:17 PM by stray cat
if we lock people up for months or years before trial that will really have an effect
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newtothegame
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Thu Apr-22-10 12:19 PM
Response to Original message |
5. "Even a guy like Obama" |
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Are we still pretending like his record wasn't widely available during the campaign?
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change_notfinetuning
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Thu Apr-22-10 01:05 PM
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7. No, we're still pretending he's doing just what he promised in the campaign. |
AnArmyVeteran
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Thu Apr-22-10 12:27 PM
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6. I agree, the 'jury' IS the 'law'... |
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But I also know to go through a trial process is a big gamble and a huge expense. But if everyone requested jury trials it would freeze our court systems. I know if I was on a jury with a marijuana possession charge against a defendant, I would automatically rule 'not guilty' (with very few exceptions). When you are a juror, you ARE (in effect) the 'law'. It's called 'jury nullification' because a jury has the right to reject the letter of the law in reaching its decision.
Look at the amount of money we could save if pot was legalized. It would save billions by being able to reduce the costs associated with drug enforcement and it would reduce the cost of incarcerating huge numbers of 'dangerous' pot smokers. It would also save lives because it would reduce the number of people killed in the so-called war on drugs.
Side Story: When my Mom became older she became very frail. Her appetite was almost nil. Marijuana would have greatly increased her appetite and helped her to maintain her weight and give her a healthier life. I told her how crazy it was that doctors (where she lived) couldn't prescribe medicinal marijuana to help with her appetite, but yet prescribe all kinds of other dangerous drugs. But because of the stigma attached to pot use my Mom probably wouldn't have used it anyway.
I believe one of the biggest reasons why marijuana hasn't been legalized is that the big drug companies can't get a monopoly over the sale of pot. Since anyone can easily grow it in their backyards or in their houses, businesses couldn't profit off of it. You can bet your life that if big business could get exclusive rights to market and sell pot, it would be legalized overnight.
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RedCappedBandit
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Thu Apr-22-10 01:14 PM
Response to Reply #6 |
PJPhreak
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Thu Apr-22-10 01:15 PM
Response to Original message |
9. As someone who has been busted for a "Bit 'o Smoke" |
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Actually in a lot of cases this may be the absolute Wrong thing to do,Especally if one is being prosecuted for Felony Possession (Generally more than a Q.P. or Transportation).
In the case I am referring to (A family member was busted with 151 Pounds in the trunk of their car) The Feddys offered 30 Months/3 Years Probation...In the case of a Jury trial conviction they could have gotten up to 11+ years if they lost the case.
My best advice...Retain a Good Attorney and Listen to Him/Her.
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change_notfinetuning
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Thu Apr-22-10 02:08 PM
Response to Reply #9 |
10. You're right. I was talking about arrests for misdemeanor possession. In cases |
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that are more serious, an attorney is probably advisable. Undoubtedly, there are people who might be for acquittal for a college student caught with a joint, but not for someone with 151 pounds. NORML can provide a referral if needed, I would guess.
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PJPhreak
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Thu Apr-22-10 03:14 PM
Response to Reply #10 |
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Edited on Thu Apr-22-10 03:19 PM by PJPhreak
But out of 700,000 Arrests I would wager that 200,000 are for some sort of felony Charges...Hey,That sack 'o Mex has to get there somehow.
The best solution...Legalize now!
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Thu Apr 25th 2024, 12:54 PM
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