Time: Sun Oct 19 19:23:04 1997
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Date: Sun, 19 Oct 1997 19:00:13 -0700
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From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: Collection of Thoughts, Page 9, 10/18/97 (fwd)

>From: "Harold Thomas" <harold@halcyon.com>
>Date: Sun, 19 Oct 1997 13:49:38 +0000
>Subject: Collection of Thoughts, Page 9, 10/18/97
>(Dissenting opinion, Sparf and Hansen v. U.S., 156 U.S. 51,
>176 (1894)): "But, as the experience of history shows, it
>cannot be assumed that judges will always be just and
>impartial, and free from the inclination, to which even the
>most upright and learned magistrates have been known to yield
>from the most patriotic motives, and with the most honest
>intent to promote symmetry and accuracy in the law of
>amplifying their own jurisdiction and powers at the expense of
>those entrusted by the Constitution to other bodies. And there
>is surely no reason why the chief security of the liberty of
>the citizen, the judgment of his peers, should be held less
>sacred in a republic than in a monarchy."
>ALAN SCHEFLIN and JON VAN DYKE ("Jury Nullification: the
>Contours of a Controversy," Law and Contemporary Problems, 43,
>No.4, 71 1980): ): "If juries were restricted to finding
>facts, cases with no disputed factual issues would be withheld
>from the jury. But such cases are presented to the jury. By
>its general verdict of innocence, the jury may free a person
>without its verdict being subject to challenge. The judge
>cannot ask jurors to explain their verdict, nor may the judge
>punish the jurors for it. Although judges now generally tell
>jurors they must obey the judge's instructions on the law, the
>jurors may not be compelled to do so. If the jury convicts,
>however, the defendant is entitled to a broad range of
>procedural protections to ensure that the jury was fair and
>"When a jury acquits a defendant even though he or she clearly
>appears to be guilty, the acquittal conveys significant
>information about community attitudes and provides a guideline
>for future prosecutorial discretion in the enforcement of the
>laws. Because of the high acquittal rate in prohibition cases
>during the 1920s and early 1930s, prohibition laws could not
>be enforced. The repeal of these laws is traceable to the
>refusal of juries to convict those accused of alcohol traffic.
>STEVEN E. BARKAN ("Jury Nullification in Political Trials,"
>Social Problems, 31, No. 1, 38, October 1983): "Jury
>acquittals in the colonial, abolitionist, and post-bellum eras
>of the United States helped advance insurgent aims and hamper
>government efforts at social control. Wide spread jury
>acquittals or hung juries during the Vietnam War might have
>had the same effect. But the refusal of judges in trials of
>anti war protesters to inform juries of their power to
>disregard the law helped ensure convictions, which in turn
>frustrated anti war goals and protected the government from
>the many repercussions that acquittals or hung juries would
>have brought."

Paul Andrew Mitchell, Sui Juris      : Counselor at Law, federal witness 01
B.A.: Political Science, UCLA;   M.S.: Public Administration, U.C.Irvine 02
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As agents of the Most High, we came here to establish justice.  We shall 10
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