"The primary function of the independent juror is not, as many think, to dispense punishment to fellow citizens accused of breaking various laws, but rather to protect fellow citizens from tyrannical abuses of power by government."
Fully Informed Jury Association; FIJA
I never thought of it this way. Hence, the "presumption of innocence". The right frame of mind is: We presume the defendant is innocent, because we assume the government (the enemy) is trying to railroad him—as the governments are wont to do.
It's our job not to be skeptical of the defense, but the prosecution, backed as it is by the corrupt, and awesome power of the STATE.
I've been so brainwashed, and ill-taught that this particular perspective never dawned on me.
Jury Duty: Not just something to "get out of", but a way to hold the corrupt STATE at bay when possible and necessary. That puts a whole new spin on it, doesn't it?
The Gunslinger
Joebama American citizens 2024 print
3 months ago
google jury nulification, you might get another surprise.
ReplyDeleteDang. I was gonna say that "Anonymous!"
ReplyDeleteWas lucky to be on a jury 2 yrs. ago.Guy shot a guy (Bible salesman)in the leg while waiting for a bus.Month later,while in the hospital after getting second surgery for wound and under morphine-drip,victim is watching t.v. crime show,sees wanted-for-another-felony-guy,says "That's the guy who shot me!"...here we were in court.I woulda LOVED to have convicted the accused (he was brought into the court every day before the jury,which led us to believe he was already incarcerated for something else),but due to other things (detective's testimony re:original-description-different-from-the accused,cute-little-girl-niece's-testimony-that-accused-Uncle-was-at-her-birthday-party-in-Atlanta-that-day,THO a different day)...in deliberation,we had to say "Not Guilty",because the State did not prove it's case.We agreed that the accused scumbag probably did it,but the State did not prove it.While giving testimony,the Police detective gave off the vibe "why am I here?".I (and others on the jury),tho we were kinda prejudiced from the accused's attitude that something stank and he probably DID do it,thought..."This is a flimsy case",and reluctantly found "Not Guilty".I prefer the Scottish "Not Proven",so the door is left open...
ReplyDeleteYes, I'm aware of nullification.
ReplyDeleteAnd boy, the judge and prosecutor sure don't want us to believe we can do that!