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On Sat, 11 Oct 2003 02:00:31 GMT, "Scout" <[EMAIL PROTECTED]> wrote: > >"Merlin" <[EMAIL PROTECTED]> wrote in message >news:[EMAIL PROTECTED] >> "Scout" <[EMAIL PROTECTED]> wrote: >> >"Larry" <[EMAIL PROTECTED]> wrote in message >> >news:[EMAIL PROTECTED] >> >> In article <[EMAIL PROTECTED]>, >> >> "Scout" <[EMAIL PROTECTED]> wrote: >> >> >> >> >"Larry" <[EMAIL PROTECTED]> wrote in message >> >> >news:[EMAIL PROTECTED] >> >> >> >> >> >> No, because self-defense is PART of the law. Why don't you get >this? >> >> > >> >> >So is a prohibition against discharging a firearm in city >limits.....but >> >you >> >> >seem to feel the jury to nullify that law in certain cases.... >> >> >> >> >> >> But the LAW itself prioritizes that the justification defense trumps a >> >> violation of the firearms dicharge ordinance. Are you really this >obtuse, >> >> scout? >> > >> >So you assert.....So where exactly is your legal reference. Exactly what >> >statute supports your assertion? >> >> No statute needs to support it, Scout, it is "written" so integrally >> into the English common law that it needs no further "writings" >> to be acknowledged. > >In short, the law does NOT say what you asserted, and for the jury to acquit >it must actively engage in nullification. Something you say they would have >to lie to do. Seems that they do need to judge more than just if the >statutory law was violated....now doesn't it? Merlin didn't say jury nullification involved lying. I did. There is nothing legally wrong with a jury acquitting a person because they believe he's not guilty. That doesn't "nullify" anything. If the jury says they think he's not guilty because they think he acted in self-defense, they are telling the truth, and it's not "nullification" just because nobody else in the world would agree with them. Nullification occurs only when the jury SAYS they believe he's innocent when they actually believe he's guilty -- a lie. Of course you could SAY that any acquittal is a "nullification" of the prosecutor's case. In fact, you could SAY your ass is a bass. - Jon Beaver
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