5 ms·

Everyone needs to be taught about jury nullification for cases like this.

hmsimha 13y ago
My understanding of jury nullification is that it applies to a different scenario, typically that of when the jurors share the sentiment that the law the defendant is accused of violating is unjust (or is being unjustly applied). I don't feel like looking up the exact phrasing of the laws pertaining to "possession/discharge of a weapon on school grounds and discharging a destructive device" in florida, but I would guess they mention intent, or culpability [1]. So unless it comes to light that she was aware the chemical mixture she used would create an explosion, I think the charges will be dismissed or she will be acquitted by jury, without having to apply jury nullification. [1] http://en.wikipedia.org/wiki/Culpability http://en.wikipedia.org/wiki/Culpability
- krichman 13y ago
  Yes I think you are right. But also, my thinking is that recently the US seems to want to trample down many "criminals" for basically downloading things that someone regrets them downloading. I worry about a future where DA's are overzealous about going after people without any mens rea and/or well after the victims of a crime have expressed no interest in continuing the case. Since, in the US, jails are intended to punish instead of rehabilitate and having a felony conviction takes away many of your rights I think they need to be far more careful who they level charges against.
- pbhjpbhj 13y ago
  Possession of "weapons" charges are in the jurisdiction I reside in strict liability, no intent to use them needs to be shown just the actus rea of possession is sufficient. [Claimed] Ignorance of the nature of the weapon is not a valid defence. I know practically nothing of the charges or pertinent laws here mind you.
theycallmemorty 13y ago
I wonder how hard it would be to write a bot that would search twitter for people mentioning they've been summoned for Jury Duty and send them a tweet about Jury Nullification?
- suchow 13y ago
  Just grabbed https://twitter.com/NullifyByJury https://twitter.com/NullifyByJury, and did a search that suggests a steady stream of jurors: https://twitter.com/search?q=jury%20duty&src=typd https://twitter.com/search?q=jury%20duty&src=typd. Let's do it?
  - suchow 13y ago
    Actually, there must be some legal issues here... anyone willing to advise?
    - krichman 13y ago
      I think the courts don't like it at all. (http://www.activistpost.com/2013/02/jury-nullification-activist-jailed-145.html http://www.activistpost.com/2013/02/jury-nullification-activ...). Please do it but also please speak with an actual lawyer first.
Zikes 13y ago
One of the biggest issues with the justice system is that many criminals never get as far as the jury. They're told that they can accept a plea bargain and spend a few years in jail, or face a jury and in all likelihood be sentenced to decades.
- krichman 13y ago
  Good point. Everyone needs to be taught about plea bargaining, too, but maybe we need some way to prevent the DA from piling on ridiculous charges.

My understanding of jury nullification is that it applies to a different scenario, typically that of when the jurors share the sentiment that the law the defendant is accused of violating is unjust (or is being unjustly applied). I don't feel like looking up the exact phrasing of the laws pertaining to "possession/discharge of a weapon on school grounds and discharging a destructive device" in florida, but I would guess they mention intent, or culpability [1]. So unless it comes to light that she was aware the chemical mixture she used would create an explosion, I think the charges will be dismissed or she will be acquitted by jury, without having to apply jury nullification. [1] http://en.wikipedia.org/wiki/Culpability http://en.wikipedia.org/wiki/Culpability

krichman 13y ago
Yes I think you are right. But also, my thinking is that recently the US seems to want to trample down many "criminals" for basically downloading things that someone regrets them downloading. I worry about a future where DA's are overzealous about going after people without any mens rea and/or well after the victims of a crime have expressed no interest in continuing the case. Since, in the US, jails are intended to punish instead of rehabilitate and having a felony conviction takes away many of your rights I think they need to be far more careful who they level charges against.
pbhjpbhj 13y ago
Possession of "weapons" charges are in the jurisdiction I reside in strict liability, no intent to use them needs to be shown just the actus rea of possession is sufficient. [Claimed] Ignorance of the nature of the weapon is not a valid defence. I know practically nothing of the charges or pertinent laws here mind you.

theycallmemorty 13y ago

I wonder how hard it would be to write a bot that would search twitter for people mentioning they've been summoned for Jury Duty and send them a tweet about Jury Nullification?

suchow 13y ago
Just grabbed https://twitter.com/NullifyByJury https://twitter.com/NullifyByJury, and did a search that suggests a steady stream of jurors: https://twitter.com/search?q=jury%20duty&src=typd https://twitter.com/search?q=jury%20duty&src=typd. Let's do it?
- suchow 13y ago
  Actually, there must be some legal issues here... anyone willing to advise?
  - krichman 13y ago
    I think the courts don't like it at all. (http://www.activistpost.com/2013/02/jury-nullification-activist-jailed-145.html http://www.activistpost.com/2013/02/jury-nullification-activ...). Please do it but also please speak with an actual lawyer first.

Zikes 13y ago

One of the biggest issues with the justice system is that many criminals never get as far as the jury. They're told that they can accept a plea bargain and spend a few years in jail, or face a jury and in all likelihood be sentenced to decades.

krichman 13y ago
Good point. Everyone needs to be taught about plea bargaining, too, but maybe we need some way to prevent the DA from piling on ridiculous charges.