5 ms·

Am not from the US but this seems very risky. Is there someone at the government who can clarify such guarantees. Am also curious what are the high level logist

Am not from the US but this seems very risky. Is there someone at the government who can clarify such guarantees. Am also curious what are the high level logistics to carry out something like this. Do you seek an untraceable route to Ukarine from US ? Do you unleash a worm like Stuxnet that will eventually cripple all Russian cyber attack infra ?

verve_rat 5y ago
Jury nullification. The idea is that a jury is allowed to make its decision without any outside interference. A jury can acquit a person even it they think the person is guilty. Thus a jury could give you a fee pass on hacking Russian systems, but you'd be relying on them to realise that and then think the moral reasons for acquittal out weigh the legal reasons for conviction. Obviously courts don't like jury nullification try to prevent it, without harming a juries independence. So possibly not a good idea to rely on jury nullification as your get out of jail free card.
- thebradbain 5y ago
  It’s also not necessarily a legal strategy even as a Hail Mary. California’s state Supreme Court ruled in 2001 that jury nullification is not a valid decision… and my understanding is if the outcome case can be attributed to “jury nullification” (i.e. could be as obvious as the defense suggesting it as an avenue to the jury, which ironically itself is legal, or as technical as the jury refusing to consider or explicitly refusing a piece of evidence that is entered in the record— think a moral objection to the law, or “evidence undeniably shows the defendant left the scene at 7pm, but we the jury contend it was 6pm”) it legally would be considered a mistrial and allowed to be re-litigated— and the sole person who has the power to attribute something to jury nullification and/or declare mistrial? The judge. https://sddefenseattorneys.com/blog/jury-nullification/ https://sddefenseattorneys.com/blog/jury-nullification/
grayfaced 5y ago
There is no guarantee. There is really no one that could even make such a guarantee. Opinions of DOJ change with administrations. The president could issue a pardon after the fact. Congress could make a law. Perhaps the executive could find some loophole to deputize people into US Cybercom but that would likely make them a lawful combatants which has other entanglements.

verve_rat 5y ago

Jury nullification. The idea is that a jury is allowed to make its decision without any outside interference. A jury can acquit a person even it they think the person is guilty. Thus a jury could give you a fee pass on hacking Russian systems, but you'd be relying on them to realise that and then think the moral reasons for acquittal out weigh the legal reasons for conviction. Obviously courts don't like jury nullification try to prevent it, without harming a juries independence. So possibly not a good idea to rely on jury nullification as your get out of jail free card.

thebradbain 5y ago
It’s also not necessarily a legal strategy even as a Hail Mary. California’s state Supreme Court ruled in 2001 that jury nullification is not a valid decision… and my understanding is if the outcome case can be attributed to “jury nullification” (i.e. could be as obvious as the defense suggesting it as an avenue to the jury, which ironically itself is legal, or as technical as the jury refusing to consider or explicitly refusing a piece of evidence that is entered in the record— think a moral objection to the law, or “evidence undeniably shows the defendant left the scene at 7pm, but we the jury contend it was 6pm”) it legally would be considered a mistrial and allowed to be re-litigated— and the sole person who has the power to attribute something to jury nullification and/or declare mistrial? The judge. https://sddefenseattorneys.com/blog/jury-nullification/ https://sddefenseattorneys.com/blog/jury-nullification/

grayfaced 5y ago

There is no guarantee. There is really no one that could even make such a guarantee. Opinions of DOJ change with administrations. The president could issue a pardon after the fact. Congress could make a law. Perhaps the executive could find some loophole to deputize people into US Cybercom but that would likely make them a lawful combatants which has other entanglements.