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Find The Boots

Rantings from a few corporate types about life, technology, travel, guns, politics, and everything good in the world.

Fascinating Article in Jury Nullification

Wednesday, August 29, 2007

Was browsing Insta today and he suggested an article of his on Jury Nullification.

It has the great leadin:

They tried to kill my brother. After beating a man whom they had picked at random and leaving him in a parking lot, my brother's attackers were fleeing the scene. They piled into a Honda Accord and started the engine. My brother, along with several of his friends, saw them and gave chase. More brave than sensible, my brother placed himself in front of the car to block their escape. "Run the motherfucker down," one of the car's occupants reportedly said. And that's what they did, though miraculously my brother escaped without serious injury.
And it ends with some good thoughts on fixing some of the issues with today's judge/prosecutor/plea system:

Given that the current criminal justice system is failing both at convicting the guilty and at protecting the innocent, perhaps it is time for a significant change. Reempowering the jury, through both appropriately couched nullification instructions and other structural mechanisms, is likely to improve the situation considerably. Considering the truly miserable record of the criminal justice system in recent years, the burden should be on its defenders to explain why such a change is not in order. Perhaps Conrad's book, which sets out the arguments for jury power in eloquent and meticulously documented form, will finally bring about serious discussion of the jury's proper role.

   

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