4 ms·

If he gets a jury trial then all of it is irrelevant. He can be acquitted for any reason whatsoever: http://en.wikipedia.org/wiki/Jury_nullification http://en

• dmix 13y ago
  Espionage is tried with juries? Source?
  • tptacek 13y ago
    What source would you need for that? The 6th Amendment guarantees trial by jury.
    • dmix 13y ago
      Fair enough. I had assumed military trials may be treated differently as Manning's trial didn't have a jury. But it turns out he declined a jury with this reasoning: > "The answer may be that a tough judge is still a better option than a military jury picked from a pool of serving soldiers that widely considers Manning to be a traitor. " http://www.telegraph.co.uk/news/worldnews/wikileaks/9901659/WikiLeaks-why-has-Bradley-Manning-turned-down-a-jury-trial.html http://www.telegraph.co.uk/news/worldnews/wikileaks/9901659/...
      • tptacek 13y ago
        Yes, Manning is being tried under the UCMJ, but would have had a jury available to him there as well. However: Snowden is a civilian. He can't be tried in a military court (absent his joining the armed forces of some organization we're war with).
• ics 13y ago
  Right, but there are still some sticky issues surrounding nullification. "This so-called right of jury nullification is put forward in the name of liberty and democracy, but its explicit avowal risks the ultimate logic of anarchy." See: http://law2.umkc.edu/faculty/projects/ftrials/juryseminar/USvDougherty1972.html http://law2.umkc.edu/faculty/projects/ftrials/juryseminar/US... http://caselaw.findlaw.com/us-2nd-circuit/1382192.html http://caselaw.findlaw.com/us-2nd-circuit/1382192.html Essentially, while jury nullification does exist and should be upheld it is critical that jurors are aware of it beforehand or may be otherwise informed.
  • cpleppert 13y ago
    This just doesn't come up in most high profile cases. The government will strike any juror who is a threat to use nullification.