[p2p-research] Fwd: In The US - Common Law - Nullification

[Michel Bauwens]

---------- Forwarded message ----------
From: Dante-Gabryell Monson <dante.monson at gmail.com>
Date: Sun, Dec 12, 2010 at 6:41 AM
Subject: In The US - Common Law - Nullification
To: sustainable_solidarity at yahoogroups.com, hc_ecology at yahoogroups.com


Jury Nullification<http://www.law.umkc.edu/faculty/projects/ftrials/zenger/nullification.html>

http://www.law.umkc.edu/faculty/projects/ftrials/zenger/nullification.html
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*
*excerpts :*
Jury nullification occurs when a jury returns a verdict of "Not Guilty"
despite its belief that the defendant is guilty of the violation charged.
The jury in effect nullifies a law that it believes is either immoral or
wrongly applied to the defendant whose fate that are charged with deciding.
 ...
Jury nullification appeared at other times in our history when the
government has tried to enforce morally repugnant or unpopular laws.  In the
mid 1800s, northern juries practiced nullification in prosecutions brought
against individuals accused of harboring slaves in violation of the Fugitive
Slave Laws.
 ...
Juries clearly have the power to nullify;Once a jury returns a verdict of
"Not Guilty," that verdict cannot be questioned by any court and the "double
jeopardy" clause of the Constitution prohibits a retrial on the same
charge.// Chief Justice, John Jay, told jurors: "You have a right to take
upon yourselves to judge [both the facts and law].

"



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