Would you Indict?

[Burnin' oil]

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]

Originally Posted by Moses

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]

Originally Posted by Burnin' oil

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]

Originally Posted by Burnin' oil

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]

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]

Originally Posted by Moses

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]

Originally Posted by Burnin' oil

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]

Originally Posted by Burnin' oil

You're white?

Mostly.

[Burnin' oil]

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

[Moses]

Originally Posted by Burnin' oil

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]

Originally Posted by Moses

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]

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

[Tobra]

Originally Posted by Kurt V

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.

Originally Posted by Burnin' oil

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]

Originally Posted by Burnin' oil

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.