Legal Land: Jury Nullification Advocate Is Indicted

[level.eleven]

How to you try a case concerning jury tampering with regards to nullification without informing the jury about nullification?

http://www.nytimes.com/2011/02/26/nyregion/26jury.html

FIJA has caused a few rifts in legal land recently. A judge in Florida legislated from the bench and shut down all pamphleteering in a 4 block radius of HIS courthouse - the public "complex".

[ame="http://www.youtube.com/watch?v=jh1j4ncOwqI"]YouTube - FIJA Florida Judge Is Violating The First Amendment[/ame]

 

[mrjarrell]

I read about FIJA's run in with this tool back a few weeks ago. Hopefully, it'll get tossed out (and the judge, too) once it reaches a courtroom. Not really thinking it'll happen, tho. These people back each other up, no matter how wrong they are.

 

[dross]

Google Laura Kriho. This happened out here in Colorado. She was prosecuted and convicted after hanging a jury in a drug case. They found that she should have volunteered that she had been convicted of a marijuana crime, even though she was never asked the question before being seated on the jury.

 

[88GT]

Tagging for later reading.

 

[mrjarrell]

Here's a couple of other looks at the issue.

FIJA, Judge Napolitano attack freedom hating judge - National Libertarian news | Examiner.com

Fully Informed Jury Association Florida Judge Bans Free Speech and Justice

And FIJA's letter to the judge.

Fully Informed Jury Association FIJA Sends Second Letter to Judge Perry Regarding Unlawful Administrative Order

 

[Duncan]

MIGHT look to our own Constitution :
Section 19. Criminal cases--Jury determination

Section 19. In all criminal cases whatever, the jury shall have the right to determine the law and the facts.

Indiana Constitution - Article 1

 

[Kirk Freeman]

The Indiana Constitution applies to Florida? Hokey smokes, usually it is Texas law applying here.

For this special occassion I hereby declare that everytime the Indiana Constitution applies to other states rhino owes me a firearm of my choosing.

This time I choose a Smith & Wesson M10, 4".

 

[Rookie]

Don't you ever feel bad for bankrupting rhino?

 

[Redemption]

I wish this man good luck, knowing it will ,more than likely not end the way it should.

 

[IncendiaryGunner]

Can they submit the pamphlets as evidence?

Would the jury be able to read them?

LOL

 

[Bunnykid68]

Can they submit the pamphlets as evidence?

Would the jury be able to read them?

LOL

We can only hope. Bare minimum it could be stated in final summary.

 

[Bond 281]

We can only hope. Bare minimum it could be stated in final summary.

It was stated in the article that because it's a misdemeanor he doesn't get a jury trial, even though if convicted he could spend 6 months in jail.

 

[Timjoebillybob]

How to you try a case concerning jury tampering with regards to nullification without informing the jury about nullification?

You do it where the guy doesn't have a right to a jury trial? Quite a few years ago I read a story about a case in IN like this. The prosecutor dropped the charges because the lady wanted a jury trial and he couldn't figure out how to prosecute without informing the jury. She was sticking fliers on car windshields about jury nullification at the local courthouse on jury selection day. He couldn't figure out how to prosecute without showing the fliers to the jury.

 

[Duncan]

The Indiana Constitution applies to Florida? Hokey smokes, usually it is Texas law applying here.

For this special occassion I hereby declare that everytime the Indiana Constitution applies to other states rhino owes me a firearm of my choosing.

This time I choose a Smith & Wesson M10, 4".

Please show me and the candid world where in my post that I stated or inferred that the Indiana Constitution would or should apply to the State of Florida ?
Thanks
Duncan

 

[mrjarrell]

Here's a twofer update. Julian went down to Florida and was handing out pamphlets at the courthouse where the judge imposed a no free speech zone. He was trying to get arrested, (I would guess so he'd have standing to sue). Well, he couldn't get arrested. Guess it had something to do with all the cameras being there. Julian:1 Judge:0 Freedom of Speech:1

Julian Heicklen: sometimes you just can't get arrested - National Libertarian news | Examiner.com

 

[HDSilvrStreak]

Google Laura Kriho. This happened out here in Colorado. She was prosecuted and convicted after hanging a jury in a drug case. They found that she should have volunteered that she had been convicted of a marijuana crime, even though she was never asked the question before being seated on the jury.

Doesn't one of the standard questions of the jury form ask about previous convictions of any crime other than traffic violations? Been awhile since I filled one out, but I think it does. Might it be that she omitted the answer on the form even though she wasn't asked directly? Just curious. Not saying right or wrong. Just trying to understand the ruling. Do you have a news link?

 

[Kirk Freeman]

Duncan, I apparently incorrectly attributed what you did.

I apologize for my misdirected snarkiness.

 

[dross]

Doesn't one of the standard questions of the jury form ask about previous convictions of any crime other than traffic violations? Been awhile since I filled one out, but I think it does. Might it be that she omitted the answer on the form even though she wasn't asked directly? Just curious. Not saying right or wrong. Just trying to understand the ruling. Do you have a news link?

You can google her name and get lots of links. No, the case specifically hinged on the fact that she was not asked these things. The judge held that she should have volunteered the information, but that was a smokescreen for their desire to punish her for the failure to convict someone who was clearly guilty of the crime.

Personally, I think questions as to your beliefs are unconstitutional, because their intent and their practice is to remove people from the pool who might also judge the law as well as the facts.

I see no moral peril in lying about personal beliefs during jury selection. You have no obligation to tell the truth to a theif as to the location of your jewells.

 

[mrjarrell]

Julian Heicklen is a free man, now. The judge in his case ruled in his favour. No doubt he'll be back out front of the courthouse handing out pamphlets again real soon!

NY judge tosses out jury nullification charges | Fox News

 

[IndyDave1776]

Do not think. Do not understand your rights, privileges, and responsibilities. Do not learn the law. Do as your are told. Think as you are told. Vote as you are told.