Re: jury nullification, jury veto, jury pardon

"Jon Beaver" <[EMAIL PROTECTED]> wrote in message
news:[EMAIL PROTECTED]
> On Sat, 04 Oct 2003 14:01:46 GMT, John Husvar
> <[EMAIL PROTECTED]> wrote:
>
> >Just a question--
> >
> >Whatever one might wish to call it; jury nullification, jury veto, jury
> >pardon, jury stupidity, jury wisdom, or jury whatdaheck, Isn't it true
> >that a jury in a criminal trial can present a verdict of Not Guilty for
> >any reason or none without explanation?
> >
> >If anybody _would_ ask, the best answer would seem to be: "I just think
> >the prosecution did not prove its case."
> >
> >Whatever any instructions to the jury, a jury's Not Guilty verdict
> >stands, doesn't it?
>
> That is true.  The "Double Jeopardy" clause of the Constitution
> guarantees that right to the defendant, thus, by implication, gives
> that power to the jury.  It does not follow that it is a jury's
> "right" to engage in "nullification," that is, LYING about their state
> of mind concerning the defendant's guilt. But remember that doubting a
> defendant's guilt, without any articulable or identifiable reason for
> doubting it, is not "nullification."

On the contrary, the jury can have absolutely no doubts whatsoever about the
defendant's guilt.....however, they certain can have doubts about the
validity of the law and/or the justice of applying that law in those
particular circumstances.

For example, I'm confronted with a known murderer who is threatening me. I
pull my gun and fire in self defense.

Now, I am charged with the illegal discharge of a firearm within the city
limits.

Is there any question about my guilt? No

However, is it fair to punish me for defending myself? No, probably not.

So the law, it's validity and justice are just areas to question, and while
a juror may not wish to articulate or identify why he chose to find "not
guilty" is not the same as saying he can't articulate or identify the
reason. Frankly the juror needs explain nothing, articulate nothing,
identify nothing, and certainly not to justify their decision.