Time: Wed Nov 27 12:41:34 1996
Date: Wed, 27 Nov 1996 11:55:55 -0800
To: <libertylaw@www.ultimate.org>
From: Paul Andrew Mitchell [address in tool bar]
Subject: LLAW: Jury Nullification article

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>Date: Wed, 27 Nov 1996 11:55:19 -0800
>To: Right to Keep and Bear Arms in Arizona <AZRKBA@ASUVM.INRE.ASU.EDU>
>From: Paul Andrew Mitchell [address in tool bar]
>Subject: Jury Nullification article
>
>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
>>
>>
>

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