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Fw: Jury Nullification before U.S. Supreme Court
Sheldon (Shelly) Waxman, Writer/Lawyer
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----- Original Message -----
From: "rex"
To:
Sent: Saturday, October 18, 2003 4:46 PM
Subject: Jury Nullification before U.S. Supreme Court
> Op/Ed (for publication)
>
> Jury nullification is now before the U.S. Supreme Court. The argument that
> jurors should be able to reject vice laws and acquit is in a new Petition
> for Writ of Certiorari. The Petition also argues various reasons why vice
> laws are unconstitutional. The nullification arguments and the entire
brief
> can be viewed at http://rexcurry.net .
>
> As an attorney and a libertarian I am urging the nation's highest court to
> recognize jury nullification, also known as jury pardon and jury veto.
>
> During my legal career, I have often been asked if jurors can overturn bad
> laws. The askers fear compulsory jury duty to convict defendants accused
of
> vices (gambling, prostitution, drugs) or other non-violent charges (tax
> non-payment, gun possession).
>
> The fear has risen because many non-violent consensual acts now carry
> mandatory sentences of 10 years and even life in prison. Jurors are not
told
> that their verdict will result in a non-violent defendant with no prior
> record going to prison for a decade or more. The jurors won't know what
they
> have done and if they find out, then they might become ill.
>
> Most courts hold that jurors do not have the right to acquit in defiance
of
> the law, though courts recognize that jurors have the power to do so, and
> that nothing can be done about jury nullification when it happens.
>
> In history, jury veto has been used for acquittals against charges
involving
> miscegenation, slavery, etc.
>
> For more information on jury nullification, jury veto, and jury pardon
see:
>
> http://members.ij.net/rex/fija.html
>
>
>
> for more ideas on liberty and libertarianism see
>
> http://members.ij.net/rex
>
> http://rexcurry.net
>
> Rex Curry
>
> Attorney At Law
>
> P.O. Box 8816
>
> Tampa, FL 33674-8816
>
> 813 238-5371
>
> rexy@ij.net
>
>
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