Which of the following cases would you engage in jury nullification over?
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  Which of the following cases would you engage in jury nullification over?
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Question: Which of the following cases would you engage in jury nullification over?
#1
Marijuana possession
 
#2
Marijuana sale
 
#3
Hard drugs possession
 
#4
Hard drugs sale
 
#5
Prostitution
 
#6
Promoting prostitution
 
#7
Drunk driving
 
#8
Providing alcohol to underage people
 
#9
"Hot teacher" cases of "molestation"
 
#10
"Obscenity" laws
 
#11
Spousal abuse
 
#12
Breaking teen curfews
 
#13
Tax evasion
 
#14
Refusing to answer the Census
 
#15
Violating laws on gun sales/possession
 
#16
Illegal gambling
 
#17
NOTA
 
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Author Topic: Which of the following cases would you engage in jury nullification over?  (Read 1100 times)
I spent the winter writing songs about getting better
BRTD
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« on: March 06, 2011, 02:51:40 PM »

I would for marijuana possession and sale, hard drugs possession, some instances of hard drugs sale, prostitution, promoting prostitution in some cases (as long as they aren't a stereotypical pimp, I'm thinking of the DC madam or the woman who ran for NY Governor), drunk driving in some cases (cases where the person obviously wasn't a problem or threat, like if they weren't even driving but were the only person sitting in the car type of thing), providing alcohol to underage people unless it's ridiculous like pre-teens, "hot teacher" cases (I'm talking about those cases you always hear of where some really attractive young teacher is accused of "molesting" or "sexual abuse" of male students who no doubt loved it), "obscenity" laws (not counting child pornography) and breaking teen curfews (one of the stupidest things of all time.), and possibly some gun laws but only if they were really blatantly ridiculous and almost all cases of illegal gambling. I only voted though for the ones where I would in the vast majority of cases.

I didn't include underage drinking because I doubt that ever goes to trial.
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tpfkaw
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« Reply #1 on: March 06, 2011, 02:54:23 PM »

All of the above, though some in all circumstances and others in only certain circumstances.
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« Reply #2 on: March 06, 2011, 05:39:31 PM »

Some of these are conditional.

I'd engage in jury nullification for drug sale or possession, unless it was some guy person trying to sell crack to nine year olds.

I'd nullify in every case of prostitution.  Especially if it was someone who is more of a victim than a criminal being charged.

In the case of promoting prostitution, I would unless it was someone trying to pimp out a nine year old or something, or one of those horrible, misogynistic kind of pimps.

Providing alcohol to underaged people -- depends on the age, but usually, yes.

Obscenity laws, definitely.

I wouldn't nullify in the case of spousal abuse.

Breaking teen curfews -- yep.

Tax evasion -- maybe.

Refusal to answer the census -- yes.

Violating laws on gun sales/possession -- of course.

Illegal gambling -- mhm.
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« Reply #3 on: March 06, 2011, 09:08:16 PM »
« Edited: March 06, 2011, 09:17:57 PM by Draw The Prophet Mohammed Day »

Anything with Marijuana, I would nullify. ...but because possession is a misdemeanor, I doubt it would actually go to trial....with sales, I would nullify. I actually nullified a mock trial in High School over a marijuana sale.
Anything coke or harder, I wouldn't nullify. This is a felony and would probably go to trial unless a deal was worked out where the accused wouldn't be declared a convicted felon or the accused didn't care, already was a convicted felony and was simply offered probation.
I would nullify a prostitution trial, though....but not a violent "pimping" trial. Again, its probably a pretty moot issue because misdemeanor sex crimes don't go to trial and only the heinous felony ones do.

Obscenity, hot teachers, curfew and Contributing to Deliquency? I would nullify unless the "victim" or "curfew breaker" was under 16 or if the obscenity was more aggravated than showing aborted fetuses or two girls in one cup in front of a middle school at dismissal time.  - I think that only the cases I speak of wouldn't actually go to trail, though.

Tax evasion is a serious felony that requires some sort of scienter. Its stealing from the Federal or State Government on purpose...you can't get arrested for not reporting income and that generally just gets a lien against you. You really had to phuck up bad to get arrested for tax evasion. Same for benefits fraud...though if its less than a 10 or 20 gs, you won't see a day in the big house besides the one they booked you.

 Refusal to answer the census? I hope that wouldn't go to trial...

Outside of a felon in possesion or possesing anything bigger than a 50 cal, I would nullify other cases...like sawed off shotgun cases or cases where someone was arrested for having a gun after being convicted of misdemeanor assault. ...these are all felonies and would probably go to trial.

Illegal gambling- I would nullify.

Spousal Abuse- I wouldn't if it was a felony...if it was a misdemeanor, I would want to know if the right person got arrested before I would make a decision. Then again, these guys probably only go to trial if the guy or chick is going to jail for something else.
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shua
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« Reply #4 on: March 06, 2011, 09:12:52 PM »

would a teen curfew case really go to trial?

what's the rationale behind someone nullifying for spousal abuse?
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« Reply #5 on: March 06, 2011, 09:21:40 PM »
« Edited: March 06, 2011, 09:24:13 PM by Draw The Prophet Mohammed Day »

would a teen curfew case really go to trial?

what's the rationale behind someone nullifying for spousal abuse?
1- I hope not

2- My guess is that it would be one of those cases where the girl was also being slapped around by the guy and finally tried to fight back and the guy called the police. Knew a gay couple like that...the older one chased the younger one out of the house with a hammer (he was a carpenter) and then called the police on him. He was eventaully allowed to come home, though and I don't know if they are still together.
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shua
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« Reply #6 on: March 06, 2011, 09:31:57 PM »

would a teen curfew case really go to trial?

what's the rationale behind someone nullifying for spousal abuse?
1- I hope not

2- My guess is that it would be one of those cases where the girl was also being slapped around by the guy and finally tried to fight back and the guy called the police. Knew a gay couple like that...the older one chased the younger one out of the house with a hammer (he was a carpenter) and then called the police on him. He was eventaully allowed to come home, though and I don't know if they are still together.
  but wouldn't that be not-guilty based on the facts of the case rather than nullification?
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Roemerista
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« Reply #7 on: March 06, 2011, 09:34:00 PM »

None of the Above. Our privilege of trial by jury is not something we should treat lightly.
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Person Man
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« Reply #8 on: March 06, 2011, 10:02:20 PM »

would a teen curfew case really go to trial?

what's the rationale behind someone nullifying for spousal abuse?
1- I hope not

2- My guess is that it would be one of those cases where the girl was also being slapped around by the guy and finally tried to fight back and the guy called the police. Knew a gay couple like that...the older one chased the younger one out of the house with a hammer (he was a carpenter) and then called the police on him. He was eventaully allowed to come home, though and I don't know if they are still together.
  but wouldn't that be not-guilty based on the facts of the case rather than nullification?

Depends on who gathers the facts. Generally for misdemeanor crimes, the only evidence presented are arrest affividavits.
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shua
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« Reply #9 on: March 07, 2011, 12:26:44 AM »

what i really don't get is why someone would support nullification in some cases but not in refusing to answer the census - though i guess on this site it's not too surprising.
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« Reply #10 on: March 07, 2011, 01:03:04 AM »
« Edited: March 07, 2011, 01:05:26 AM by Taco Bell Has Nothing To Do With Hardcore »

Well I was thinking of a case where some teabagger idiot pulled a gun and threatened a Census worker. The police showed up and the idiot's wife pointed a shotgun at them, so the police blew her brains out and arrested her husband. Guess how much sympathy I have for either? And I'm the type usually upset at excessive force and who is pissed at police and all that but I'd give the cops a medal here. That's my main thing, only teabagger types would refuse to answer the Census.
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The Mikado
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« Reply #11 on: March 07, 2011, 01:29:59 AM »

Case by case basis, and I would be very reticent to do it at all.
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RI
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« Reply #12 on: March 07, 2011, 02:15:33 AM »

Probably none of the above.
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« Reply #13 on: March 09, 2011, 05:13:38 PM »

Case by case basis, and I would be very reticent to do it at all.
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opebo
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« Reply #14 on: March 10, 2011, 02:43:27 PM »

In all those cases except for the tax evasion and the gun possession ones.
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Associate Justice PiT
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« Reply #15 on: March 10, 2011, 02:49:44 PM »

     All except spousal abuse. I wouldn't nullify for drunk driving either if the person caused serious harm in the process of driving drunk, but the way the question was phrased makes me think that's all that happened in the hypothetical scenario.
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Napoleon
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« Reply #16 on: March 10, 2011, 02:53:53 PM »

Marijuana possession, marijuana sale, providing alcohol to minors, and breaking teen curfews. Just because I don't agree with most of those laws doesn't mean I wouldn't uphold them on a  jury but these particular few are just so unnecessary that I would nullify.
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GMantis
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« Reply #17 on: March 15, 2011, 12:12:33 PM »
« Edited: March 19, 2011, 04:23:02 PM by GMantis »

Marijuana possession - under some circumstances
Marijuana sale - never
Hard drugs possession - never
Hard drugs sale - never
Prostitution - always
Promoting prostitution - never
Drunk driving - never
Providing alcohol to underage people - almost never
"Hot teacher" cases of "molestation" - depends on the case
"Obscenity" laws - almost always
Spousal abuse - never
Breaking teen curfews - always
Tax evasion - never
Refusing to answer the Census - under some circumstances
Violating laws on gun sales/possession - never
Illegal gambling - under most circumstances
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BRTD
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« Reply #18 on: March 15, 2011, 10:39:18 PM »

Marijuana possession - under some circumstances
Marijuana sale - never
Hard drugs possession - never
Hard drugs sale - under some circumstances

Is that an error or is there a reason for the inconsistency?
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Platypus
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« Reply #19 on: March 16, 2011, 12:24:12 AM »

None - I'd hold the defendant to the standard of the law, whether I agree with the law or not.
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GMantis
Dessie Potter
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« Reply #20 on: March 19, 2011, 04:22:41 PM »

Marijuana possession - under some circumstances
Marijuana sale - never
Hard drugs possession - never
Hard drugs sale - under some circumstances

Is that an error or is there a reason for the inconsistency?
An error.
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