Too many of the potential jurors said that even if the defendant, Elisa Meadows, was guilty, they were unwilling to issue the $500 fine a city attorney was seeking, said Ren Rideauxx, Meadows’ attorney.

    • Zaktor@sopuli.xyz
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      10 months ago

      To get there they’d have to risk being charged with perjury since it sounds like they were directly asking that question.

      • gregorum@lemm.ee
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        10 months ago

        Only after they’re empaneled. There’s nothing preventing the education of jurors on the subject beforehand

        • trackcharlie@lemmynsfw.com
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          10 months ago

          You’re not wrong, but when you get selected for jury duty the selecting lawyer will make inquiries about your knowledge on the subject and disqualify you if you admit knowing about it.

          If you bring it up to the jury, that can also have you disqualified as well as anyone else the lawyers think were influenced by the discussion.

          The third option is supposed to ‘naturally’ occurr, as in the jury agrees that the law was broken but the situation is so ‘outside the scope of the law’ that the law can no longer be applied. (IIRC the judge can overrule the jury in this case, but it can be a pain)

          Essentially it’s up to the judge to determine whether the jury’s conclusion is within the realm of the ‘third option’.

          • gregorum@lemm.ee
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            10 months ago

            Yeah. That’s why people, who could be jurors, should be generally educated on the subject.

            I was trying to be subtle.

            • trackcharlie@lemmynsfw.com
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              10 months ago

              I don’t have the data to say one way or the other. I can definitely see how public knowledge of the third option can be abused, especially these days when political alignment is more important than facts to many people.

      • snooggums@kbin.social
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        10 months ago

        In this case, it is because jury nullification was originally used by racists to give white murderers a pass for killing black people.

        Yes, jury nullification can have positive uses, but also terrible ones.

        • Ð Greıt Þu̇mpkin@lemm.ee
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          10 months ago

          It wasn’t originally used that way but it does illustrate the point

          Judges and Lawyers hate nullification not because they’re snooty elitists who hate us uppity commonfolk knowing our options,

          It’s because juries that know about nullification are a lot more likely to go ahead and do it, which basically amounts to a legal form of poisoning the jury.

          Judges and Lawyers are expecting to be able to argue the case based on the law as a given and that becomes pretty challenging when you now also have to explain to the jury why they shouldn’t decide the law being discussed should be thrown out for this case.

          It turns the justice system from hypothetical rule of law to mask off rule of societal biases and that would be MUCH WORSE for the justice system than the present alternative.

          Consider how bad the justice system is at taking rape cases seriously already, and now consider that with the defense being able to hit the jury with every rape culture "you don’t want to ruin his life over this!" rhetorical dungheap imaginable because he knows there’s no consequences for inducing a jury to nullify and the jury knows that even if the rapist is guilty they can decide to just ignore that if they like the cut of his rapist gib enough.

    • jballs@sh.itjust.works
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      10 months ago

      This actually is a great example of jury nullification. From https://fija.org/library-and-resources/library/jury-nullification-faq/what-is-jury-nullification.html talking about a different case:

      Of 27 potential jurors questioned during voir dire, only five said they would vote to convict a person of possession of such a small amount of marijuana. Skeptical that it would even be possible to seat a jury, the judge in the case called a recess during which time the lawyers worked out a deal known as an “Alford plea” in which the defendant didn’t admit guilt.

      When these kinds of rejections of enforcement of laws stack up over time, the laws become unenforceable. We’ve seen this rejection of the Fugitive Slave Laws and alcohol prohibition, for example, undermine such laws’ enforcement. Eventually, it is no longer worth the time or hassle or embarrassment for government officials to try to enforce these laws. They may be further nullified in a sense either remaining on the books but not being enforced or being repealed altogether.

      So when these potential jurors said they wouldn’t fine someone for feeding the homeless, it’s one brick in the wall. Get enough bricks and all of a sudden the law is unenforceable.

    • Seraph@kbin.social
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      10 months ago

      I always wonder what they’ll do if I start chatting about it with other people during the selection process.