David S
Junior Chimp
Posts: 5,250
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« on: December 17, 2004, 11:40:13 PM » |
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As I understand it the judge instructs the jury to find the defendant guilty or not, based on the law and the facts in the case. If the defendant violated the law he's guilty, even though the law might be wrong or misapplied. But the jury can in effect tell the judge to pound sand and find the guy innocent anyway. Nothing can stop them from doing that. The judge cannot tell the jury they must find someone guilty. So jury nullification exists whether its in the books or not. Personally I think its a good thing. It gives the people another check on the power of government. But, it should only apply to the case in question, and not establish a precedent in law.
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