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Burnin' oil 02-07-2008 10:45 AM

Moses,

When you're robbed in downtown Oakland, should the jury hear about the economic status of the victim and the accused so that it can determine if the law is just? Should it be given that option?

legion 02-07-2008 10:51 AM

Quote:

Originally Posted by Moses (Post 3754154)
And that's exactly why I believe a jury has three distinct duties;

1) Decide guilt or innocence.
2) Determine if the law is reasonable.
3) Determine if the law was applied appropriately.

Too bad jury instructions from judges usually only mention #1. And they get really mad if you mention #2 or #3....

Moses 02-07-2008 10:51 AM

Quote:

Originally Posted by Burnin' oil (Post 3754270)
Whitey liked de facto nullification a few years ago

Yup. Bothered me a lot at the time, but its a small price to pay. Arrogant DA thought he could change venues. OJ would have been convicted in Brentwood, but that's another thread.

Moses 02-07-2008 10:53 AM

Quote:

Originally Posted by Burnin' oil (Post 3754287)
Moses,

When you're robbed in downtown Oakland, should the jury hear about the economic status of the victim and the accused so that it can determine if the law is just? Should it be given that option?

I don't know where you're going with that. Are you suggesting that because I'm wealthy and white an Oakland jury might conclude that I needed robbing?

Burnin' oil 02-07-2008 10:54 AM

What if a muslim man kills his wife for dishonoring him and claims justification under Sharia law? Should the jury be allowed to consider that? If so, should the one or two sympathetic muslim jurors be allowed to hang the jury?

Burnin' oil 02-07-2008 10:55 AM

Quote:

Originally Posted by Moses (Post 3754306)
I don't know where you're going with that. Are you suggesting that because I'm wealthy and white an Oakland jury might conclude that I needed robbing?

You're white?

Moses 02-07-2008 10:56 AM

Quote:

Originally Posted by Burnin' oil (Post 3754312)
What if a muslim man kills his wife for dishonoring him and claims justification under Sharia law? Should the jury be allowed to consider that? If so, should the one or two sympathetic muslim jurors be allowed to hang the jury?

Man, you are ALL OVER the place!

Moses 02-07-2008 10:56 AM

Quote:

Originally Posted by Burnin' oil (Post 3754317)
You're white?

Mostly.

Burnin' oil 02-07-2008 10:56 AM

What I am saying is do you feel comfortable giving the jury that option?

Moses 02-07-2008 10:59 AM

Quote:

Originally Posted by Burnin' oil (Post 3754324)
What I am saying is do you feel comfortable giving the jury that option?

Yes. But historically, fully empowered juries do an impressive job. I'd rather entrust my liberty to my fellow citizens that an ambitious public prosecutor.

Burnin' oil 02-07-2008 11:13 AM

Quote:

Originally Posted by Moses (Post 3754331)
Yes. But historically, fully empowered juries do an impressive job. I'd rather entrust my liberty to my fellow citizens that an ambitious public prosecutor.


Me too. If I was a defendant I would love to explain to the jury why I did what I did and how my actions were justified and how the law is unreasonable and the prosecutor a jerk, etc. ANY criminal defendant/attorney would love that option, that glimmer of hope.

id10t 02-07-2008 12:13 PM

My father died of ALS, don't think I could sit on that jury (grand or trial)

Tobra 02-07-2008 12:16 PM

Quote:

Originally Posted by Kurt V (Post 3754234)
If I had advanced ALS I could only pray my wife had the courage to do what this woman's husband did.

my wife and I have this worked out already. I don't know if I could do it, but she is a pretty tough chick, pretty sure she could.

Basically what Rick said is spot on. I would have to indict, but would not be able to convict on murder, maybe manslaugter and time served.

Quote:

Originally Posted by Burnin' oil (Post 3754312)
What if a muslim man kills his wife for dishonoring him and claims justification under Sharia law? Should the jury be allowed to consider that? If so, should the one or two sympathetic muslim jurors be allowed to hang the jury?

No, because Sharia is not the Law of this Land

Jeff Higgins 02-07-2008 12:16 PM

Quote:

Originally Posted by Burnin' oil (Post 3754386)
Me too. If I was a defendant I would love to explain to the jury why I did what I did and how my actions were justified and how the law is unreasonable and the prosecutor a jerk, etc. ANY criminal defendant/attorney would love that option, that glimmer of hope.

And any citizen deserves that option. Anything less reduces one to the mercy of the Staterather than your fellow citizens. As citizens, we reserve the right to judge not only one another, but also the State when it brings charges against one of us. As Moses has already stated, that is well and truly our last line of defense against tyranny.


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