Yearly Archives: 2003

Jury Nullification

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Orcinus teaches us about the concept of jury nullification:

jury nullification — by sitting in judgment not just of the facts of the case but of the laws themselves — arrogates to itself not only the role of the judge but of the legislature, essentially overturning at whim those laws that have been passed through democratic processes. In this sense, jury nullification is a threat not only to the courts, but to the very systems of laws on which the nation rests.

Well, there are quite a few laws on the books that should not be there.
The wise prosecution/defense attorney will not leave me on the jury for certain types of cases. I won’t lie so as to be able to sandbag a jury but they should ask me the right question(s) to assure that I’m ok with the laws relevant to the trial. If they do leave me on a jury the ‘facts’ better be iron clad or I just might be biased by my opinion of the law itself.
Update(10/13): WalterinDenver dissects a Denver Post editorial on jury nullification and provides some counterpoint to Orcinus.

More Texas Redistricting

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This time from Jeanne in California:

I remember learning way back in high school civics about how hard the founding fathers worked to ensure that one party would always be in control, even if those moody voters wanted something else.
Once again, Republicans are standing up for our traditional values.

You will enjoy the rest of her post.

Texas Redistricting

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How does one Austin Citizen feel about the new plan:

I can now look for new and exciting ways that the needs of somebody in East Austin perfectly fits together in Madisonian enlightened self-interest with those of a guy 300 miles away in Rio Grande City, on the Texas-Mexico border. Ditto to my North Austin neighbors, who must have so much in common with the suburbs in the west of Houston, nearly 150 miles away.
You have done the citizens of Texas proud in ways that I cannot count. May the weight of a thousand appellate briefs be placed on pressure points around your genitalia for the rest of eternity.

Plenty more detail at the Burnt Orange Report here and in preceding posts.