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A 1969 Fourth Circuit decision, U.S. v. Moylan, affirmed the right of jury nullification, but also upheld the power of the court to refuse to permit an instruction to the jury to this effect.[20]
We recognize, as appellants urge, the undisputed power of the jury to acquit, even if its verdict is contrary to the law as given by the judge, and contrary to the evidence. This is a power that must exist as long as we adhere to the general verdict in criminal cases, for the courts cannot search the minds of the jurors to find the basis upon which they judge. If the jury feels that the law under which the defendant is accused, is unjust, or that exigent circumstances justified the actions of the accused, or for any reason which appeals to their logic or passion, the jury has the power to acquit, and the courts must abide by that decision.
Nevertheless, in upholding the refusal to permit the jury to be so instructed, the Court held that:
…by clearly stating to the jury that they may disregard the law, telling them that they may decide according to their prejudices or consciences (for there is no check to insure that the judgment is based upon conscience rather than prejudice), we would indeed be negating the rule of law in favor of the rule of lawlessness. This should not be allowed.
Wickipedia
Originally posted by endisnighe
reply to post by lemonfresh
I do not know exactly what you are stating, but I will say that if you did not harm someone, or infringe on their rights, you shall be set free by me, if I was in your jury.
What are you kidding me?
Originally posted by endisnigheAbsolutely, did you harm someone? No, then you committed no crime.
Originally posted by endisnighe
I have to ask, why is it that the # seems to float to the top?
Originally posted by endisnighe
reply to post by Janky Red
Someone with a complete mirrored image of an economic system then my ideal.
Tell me JR, can we trust either side?
Can we trust the cronie capitalists or the cronie socialists?
What EXACTLY is the difference between the two?
Is there a difference?
I have understood the difference in both systems of economics, if the SAME people or corporations control the system, WHAT the HELL is the difference?
Just wondering, if we swap one tyrant for the other, will it help?
Time to make ALL markets BLACK.
Frell, what is the fiat currency worth?
But it does not mean I trust in business enough to make the rules of the road for society, that is my hang.