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> Under that opinion, is it equally fair to ignore the law... Law is not this simple. What the layperson understands as "the law" is what is written in statute
by ghastmaster 3y ago
> Under that opinion, is it equally fair to ignore the law...
Law is not this simple. What the layperson understands as "the law" is what is written in statutes. To a lesser extent they understand case law is a thing. Case law is the interpretation of statutes by judges and juries ruling on cases. A judge or jury can "ignore" the law. By ignoring it, that becomes "the law".
"The law" is a matter of statutes, case law, prosecutor's opinion, judge's opinion, and popular opinion. As we age, we learn more about what is acceptable in society based on all these things.
Jury nullification can be a reflection of popular opinion. It is equally as flawed as any other aspect of society and government that forms "the law".