logoalt Hacker News

insanitybittoday at 4:33 PM5 repliesview on HN

Only if the jury believes in nullification, which isn't common. The jury is instructed to follow the law. The selection process asks "even if you think they were right, if it's against the law and they were guilty would you issue a guilty verdict?" and people answer "yes" consistently.


Replies

giantg2today at 4:52 PM

"Only if the jury believes in nullification, which isn't common. The jury is instructed to follow the law."

Not true. There is case law that allows for self-defense against unlawful use of force, or when when you reasonably believe the force was not coming from an officer (didn't announce, were not uniformed, believed to be imposters, etc).

show 2 replies
xboxnolifestoday at 4:44 PM

Obviously. It sounds like the kind of question you always say yes to unless you're trying to get out of jury duty. And yet, people aren't machines.

btbuildemtoday at 4:39 PM

No one who has answered "no" made it thru the selection process, so there might be some survivor bias at play here.

skinfaxitoday at 4:50 PM

Good thing you can change your mind right after answering!

Der_Einzigetoday at 5:00 PM

As I rudely learned when I was preparing to use the "I'm gonna do jury nullification" thing during a jury selection, there are a few states, including mine, where jury nullification is explicitly "not-stated" but not a uniquely acceptable reason to strike a juror, despite what our juror handbook might claim about violating an "oath" (you cannot be punished for "violating an oath" if you are selected).

I was lucky that for unrelated reasons the trial didn't happen and none of the jury selection stuff went through, but in a few states you cannot just rely on this as an easy out. This is awesome, because for true believers, you can actually do jury nullification. This was actually somewhat recently and notably used: https://www.eenews.net/articles/bundys-acquitted-in-huge-set...

show 1 reply