Time: Wed Nov 27 14:18:56 1996 with NJE id 0397 for AZRKBA@ASUVM.INRE.ASU.EDU; Wed, 27 Nov 1996 10:51:04 -0700 V1.2a/1.8a) with BSMTP id 2852; Wed, 27 Nov 1996 10:51:03 -0700 Wed, 27 Nov 96 10:51:01 MST by primenet.com (8.8.3/8.8.3) with SMTP id KAA18409 for <AZRKBA@ASUVM.INRE.ASU.EDU>; Wed, 27 Nov 1996 10:54:42 -0700 (MST) Message-ID: <2.2.16.19961127195519.089fb998@mailhost.primenet.com> Date: Wed, 27 Nov 1996 11:55:19 -0800 From: Paul Andrew Mitchell [address in tool bar] Subject: Jury Nullification article To: Multiple recipients of list AZRKBA <AZRKBA@ASUVM.INRE.ASU.EDU> At 10:13 AM 11/27/96 -0600, you wrote: >There's a good article on jury nullification that just came out: > >J.J. Duane, "Jury Nullification: The Top Secret Constitutional Right", >Litigation, Summer 1996 v2 #4. This is the ABA's rag for trial lawyers >and judges. > >I've only read about 1/5 of the "long" article. It discusses case law >in depth, and it is very interesting. In NO case, have the courts EVER >overturned any instance of jury nullification, and it is upheld >rigorously in all the case law. But surprisingly, the same courts have >unanimously held that judges need not inform jurors about this!!!??? > >This reminded me of the recent Ohio case where the SC ruled that police >officers need not tell you that you are free to go before asking to >search your vehicle. > >It seems that more and more, the courts seem to be saying that the >people better damned well get their own education about these matters. >Even if the public knows its rights though, all the agencies are still >willing to make your life hell right up until time they drop the case. ... resulting in actions which can only be characterized by the term "barratry," which is also a crime. Confer at "barratry" in Black's Law Dictionary. /s/ Paul Mitchell > >It's a very interesting article, and so far casts nullification on a >very positive light. > >swest > > ==================================================================== [Text is usually formatted in Courier 11 non-proportional spacing @] [65-characters per line; .DOCs by MS-WORD for MS-DOS, Version 5.0B.] Paul Andrew Mitchell, B.A., M.S., email address: pmitch@primenet.com ship to: c/o 2509 N. Campbell, #1776, Tucson, Arizona state [We win] We can decode all your byte streams, spaghetti code notwithstanding. Coming soon: "Manifesto for a Republic" by John E. Trumane ie JetMan ====================================================================
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