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> But I'm at a loss what to do about it. Is there a way to disassociate enforcement from penalizing? One way is jury nullification. If a small fraction of the
by kenesom1 12y ago
> But I'm at a loss what to do about it. Is there a way to disassociate enforcement from penalizing?
One way is jury nullification. If a small fraction of the jury pool refused to let the state prosecute these cases, that could be an effective check on certain abuses.
- jnbiche 12y agoOne of the problems here is that these confiscations are done in civil trials, where the right to a jury trial is not always guaranteed (depending on the state). And even in those states where it is guaranteed, it's often a poor choice for the person whose property has been stolen, since jury trials add significant time and expense.
- couchand 12y agoNot to mention that fact that it's hard to imagine how jury nullification could be constructed to return the property to the accused.