You Cannot Have It Both Ways

Submitted by Bill St. Clair on Thu, 18 May 2006 02:11:16 GMT  <== Politics ==> 

Iloilo Marguerite Jones at FIJA - glorious essay on the importance of fully informed juries, jurors who know that it is their right and duty to judge the alleged law, and the alleged witnesses, as well as the alleged criminal, and to vote their conscience, ignoring the judge's instructions if conscience demands. And some good news: [clairefiles]

A federal appeals court overturned the pot-growing convictions of Ed Rosenthal Wednesday because of a juror's phone call to an attorney friend, who told her to follow the judge's instructions or she could get in trouble.

"Jurors cannot fairly determine the outcome of a case if they believe they will face 'trouble' for a conclusion they reach as jurors," said the opinion by Judge Betty Fletcher. "The threat of punishment works a coercive influence on the jury's independence."

Rosenthal's lawyer, Dennis Riordan, said "There would not have been a conviction but for this outside influence" of the attorney's advice, Riordan said. "Jurors never can be told they can get in trouble for what they say during deliberations."

...

Justice? That concept has been lost in the courtroom, and no one should seek justice there. Seek comedy, seek farce, seek satire, but do not enter a courtroom seeking justice.

We have buffoons running the courts if they cannot agree on so simple a principle as the inviolate nature of juror proceedings, and the immunity of the juror from prosecution for voicing personal thoughts in the jury room. This sanctity of the jury, of their freedom from coercion, extends to their exercise of conscience, and is part of the American legal and constitutional tradition going back hundreds of years. If the jury can be punished for their verdict or their deliberations, the constitutional right to trial by jury will have received another death blow.]

Buffoons or liars. Which would you rather have? What? You say, neither? Then screen your judges, screen your attorneys, and make sure they understand the law. If they do not understand the law, then spread the word about them, and do all you can to get them removed, disbarred, or at least keep them underfed.

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