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As I tried to point out below, this is exactly the situation jury nullification was designed for. Guilty under the law, but pardoned by a jury of his peers.
by Zikes 11y ago
As I tried to point out below, this is exactly the situation jury nullification was designed for.
Guilty under the law, but pardoned by a jury of his peers.
- voxic11 11y agoYeah but the government would never allow someone who would nullify the law to serve on his jury. Just like they removed all jurors who wouldn't consider the death penalty from the Boston bomber trial.
- cgearhart 11y agoEven so, few people know that jury notification is an option (and promoting it is actively discouraged by the legal community), and it would be hard to convince a jury that he was justified because he wouldn't even be allowed to claim or present evidence that it was justified. He would just have to hope that his jury knew about nullification, and that they knew enough about the case beforehand to believe he was justified despite the prosecution presenting evidence that he willingly broke the law. Those are long odds.
- basch 11y agojury nullification isnt designed, it is a byproduct of the system. it is a consequence of the arrangement, not a purposeful inclusion.
- caskance 11y agoThis is exactly the case a pardon is designed for.