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Why Jury Nullification Is A Right, And Why Prosecutors Don’t Want Jurors To Know That.

EvilPundit

August 7, 2015
35 upvotes
/r/MensRights
http://www.usatoday.com/story/opinion/2015/08/06/jury-nullification-prosecutorial-discretion-column/31124011/
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Post Information
Title Why Jury Nullification Is A Right, And Why Prosecutors Don’t Want Jurors To Know That.
Author

EvilPundit

Upvotes 35
Comments 11
Date August 7, 2015 4:57 PM UTC
(11 years ago)
Subreddit Posted in /r/MensRights
Original Link https://old.reddit.com/r/MensRights/comments/3g5c94/why_jury_nullification_is_a_right_and_why/
Archive Link https://theredarchive.com/r/MensRights/why-jury-nullification-is-a-right-and-why.973776
https://theredarchive.com/post/973776
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Comments

[–]EvilPundit[S] 8 points9 points10 points 11 years ago (6 children) | Copy Link

This is relevant to men's rights because of cases such as the 19-year old who became a registered sex offender because a girl lied about her age.

Jury nullification could help prevent such obvious injustices, and should be part of the men's rights platform.

[–]my_name_is_gato 6 points7 points8 points 11 years ago (5 children) | Copy Link

It is a double edged sword. The same process can be used to prevent justice in male victim rape and dv cases. No doubt the 19 year old was an example of failed justice, but we must be careful what we wish for.

[–]maverickLI 5 points6 points7 points 11 years ago (4 children) | Copy Link

Jury nullification doesn't help when 94% of cases don't go to a jury and don't have evidence presented or witnesses examined. Defendants plead guilty, whether they are or not, in order to avoid insanely long sentences.

[–]my_name_is_gato 0 points1 point2 points 11 years ago (3 children) | Copy Link

This is a good point as well. Mandatory sentencing and the very prosecution favorable grand jury process make it difficult for the wrongfully accused to get justice without huge risk.

[–]maverickLI 1 point2 points3 points 11 years ago (2 children) | Copy Link

There has been the uproar about the kid being sentenced as a sex offender, with the girl who lied about her age. How can the crime be considered so minor and he be considered such a low threat, that he is sentenced to 90 days in jail AND such a huge threat to warrant 25 years of the Registry? That comes from Congress, if you are convicted (by plea or trial), you get x amount of years on the registry. The Judge has ZERO discretion. Strict liability crimes are the worst, since there is no defense, other than "it didn't happen".

[–]my_name_is_gato 0 points1 point2 points 11 years ago (1 child) | Copy Link

I agree fully. Strict liability has no place in statutory rape cases and judges should be given much more leeway to make the sentence match the crime.

[–]maverickLI 0 points1 point2 points 11 years ago (0 children) | Copy Link

The prosecution determines the sentence. They decide what the charge is and then the Judge opens a book that tells him the correct sentence for that crime, he reads the sentence and court is adjourned.

[–]ay_ch 1 point2 points3 points 11 years ago (0 children) | Copy Link

I had a stint of sitting on a jury once and it was an informative experience.

In one case, I was going-through the juror selection. The defense lawyer asked me a few questions and I answered them honestly; afterwards, I was asked to return to the waiting room.

That night, on the phone, I was telling my dad about this. He said "They did that because you seemed too well-educated. He probably wanted dumb people on the jury."

I went in knowing zero about the process and emerged knowing a little bit more.

[–]mansplain 0 points1 point2 points 11 years ago (0 children) | Copy Link

easiest way to never sit on a jury if you don't want to; advocate for jury nullification, if they insist on bringing you in then bring pamphlets with you and pass them out to potential jurors.

[–]insertnames -1 points0 points1 point 11 years ago (1 child) | Copy Link

Does jury nullification exist in Canada?

[–]Insula92 0 points1 point2 points 11 years ago (0 children) | Copy Link

It exists everywhere where jury acquittals are final and can't be challenged.

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