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Der_Einzigetoday at 5:00 PM1 replyview on HN

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...


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tastyfreezetoday at 5:37 PM

My last stint on grand jury we had a case that none of us felt great about. It was a felony theft charge where the thief likely used the vehicle regularly but took it in the middle of the night to return home. He was at a logging camp where he pays for accommodations but they had no work for him. After 3 days he got frustrated and left in the middle of the night. Camp foreman called the law reporting the vehicle stolen. The officer went and checked at the now missing guy's house and the vehicle was parked in his driveway.

The whole group felt the felony charge was too much for that series of events. Somebody said "I don't want to vote on this". I suggested that is a valid option. The vote was the weakest of all the cases we covered. Several abstentions but just enough to send the case to trial.

To me that is nullification in practice. It is "the community" deciding that they don't believe the State is right in pursuing conviction. Juries are meant to be a randomized "council of elders" type body not just cogs in the machine.

Using your belief in jury nullification as a tool to get out of your duty as a citizen rubs me the wrong way. You have to participate in the functions of civilization if you want it to reflect your beliefs.

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