I helped set a guilty man free

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C

Chazwozel

Why do you want to get out of jury duty?
I would love it! Sadly I will probably never get to serve.

Cause unlike you, us normal people have better things to do. I for one have SCIENCE to do!
 
M

makare

It's fine... it's fine.. I'll get to serve in court someday.. just not as a juror. :biggrin:
 
I didn't 'want' to get out of jury duty. I get paid salary, so it wouldn't have bothered me to serve.

However, the case in question, the only evidence was the testimony of the officer. They specifically asked if we could convict based solely on his testimony and no other evidence. And I didn't feel that I could.
 
GS, you followed your legal and moral obligation. The state didn't prove the case. You didn't find him 'Innocent', you found him 'Not (proven) Guilty'. That's a significant difference.
 
I can't imagine anything worse than jury duty. I hate listening to people drone on and on to start with, but I also can't imagine a case I'd want to be a jury member on. I mean, you might get one where the guy is accused of peeing in public or something which would just feel like a waste of time, but you might also get the murder trial of the decade and have to basically decide if this guy is going to live or die.
 
C

Chazwozel

I can't imagine anything worse than jury duty. I hate listening to people drone on and on to start with, but I also can't imagine a case I'd want to be a jury member on. I mean, you might get one where the guy is accused of peeing in public or something which would just feel like a waste of time, but you might also get the murder trial of the decade and have to basically decide if this guy is going to live or die.
Murder trial of the decade = case that will never end =
 
Though I do have to show up for court like twice a week.
Only twice? You lucky bastard. Depending on how my arrests have been, I can have Domestic (Mon-AM) Felony arraignment(Mon-PM), miscellaneous misdemeanors (Tues-Thursday) City/County Ordinances (Thursday-AM) DUI Court (Thurs-PM)... and misdemeanor court is always the worst... I go, I sit there and wait to be called, I FINALLY get called. I stand, and VERY VERY rarely do I have to provide testimony. *rolls eyes* Oh well, it's $30 a day + comp. time. I'll take it. *grins*
 
M

makare

I also just realized that "I helped set a guilty man free" sounds like lyrics to a country song.
 
Though I do have to show up for court like twice a week.
Only twice? You lucky bastard. Depending on how my arrests have been, I can have Domestic (Mon-AM) Felony arraignment(Mon-PM), miscellaneous misdemeanors (Tues-Thursday) City/County Ordinances (Thursday-AM) DUI Court (Thurs-PM)... and misdemeanor court is always the worst... I go, I sit there and wait to be called, I FINALLY get called. I stand, and VERY VERY rarely do I have to provide testimony. *rolls eyes* Oh well, it's $30 a day + comp. time. I'll take it. *grins*[/QUOTE]

I live in shithole nowhere, we can only get a judge to show up Fridays AM and PM.
 
You also have the responsibility to find the defendant not guilty if you feel the law that he broke is unconstitutional
What? The jury does not get to decide what is constitutional or not that is the supreme court's job.

Wait I will edit this to add that this is in the US anyway. I mean really the average juror doesn't know what constitutional means let alone what is IN the constitution.[/QUOTE]

Jury Nullification.

When the jury comes back with a judgment of not guilty nobody is allowed to question it. If you don't believe that what the person did was a crime or that he shouldn't be put in jail for it you have the right to declare the accused not guilty.

I believe you have the responsibility to do so even because if you do send a person to prison because you were following a stupid law then to me you are the worst kind of scum. You can believe otherwise but juries don't have to blindly follow the law they can decide what is right.

---------- Post added at 01:59 PM ---------- Previous post was at 01:50 PM ----------

That has nothing to do with deciding a charge is unconstitutional. A jury does not get to do that. Also, that particular case has been given so much negative treatment it doesn't even matter anymore.

And if the jury decides something not based on the facts they will just call a mistrial and try him again.
Where on earth did you get this idea? Nobody can overrule a jury after they have set down their verdict. Even if more evidence comes forward the state can't set aside a jury verdict of not guilty because he didn't commit the crime. Prosecutors can't even bring up facts from the case because according to the court there is no way he could have committed that crime.

Mistrial and try again? No a jury declaration of not guilty is the final word in the case.

And the legal definition

jury nullification. A jury's knowing and deliberate rejection of the evidence or refusal to apply the law either because the jury wants to send a message about some social issue that is larger than the case itself or because the result dictated by law is contrary to the jury's sense of justice, morality, or fairness.
Yeap.
 
I can't imagine ever wanting to do jury duty. I "got lucky" and after being selected I was laid up with the flu. I did two days on a drunk driving case. Boring waste of time and on top of that missed two days of work. I hope I never get called again.
 
M

makare

You also have the responsibility to find the defendant not guilty if you feel the law that he broke is unconstitutional
What? The jury does not get to decide what is constitutional or not that is the supreme court's job.

Wait I will edit this to add that this is in the US anyway. I mean really the average juror doesn't know what constitutional means let alone what is IN the constitution.[/QUOTE]

Jury Nullification.

When the jury comes back with a judgment of not guilty nobody is allowed to question it. If you don't believe that what the person did was a crime or that he shouldn't be put in jail for it you have the right to declare the accused not guilty.

I believe you have the responsibility to do so even because if you do send a person to prison because you were following a stupid law then to me you are the worst kind of scum. You can believe otherwise but juries don't have to blindly follow the law they can decide what is right.

---------- Post added at 01:59 PM ---------- Previous post was at 01:50 PM ----------

That has nothing to do with deciding a charge is unconstitutional. A jury does not get to do that. Also, that particular case has been given so much negative treatment it doesn't even matter anymore.

And if the jury decides something not based on the facts they will just call a mistrial and try him again.
Where on earth did you get this idea? Nobody can overrule a jury after they have set down their verdict. Even if more evidence comes forward the state can't set aside a jury verdict of not guilty because he didn't commit the crime. Prosecutors can't even bring up facts from the case because according to the court there is no way he could have committed that crime.

Mistrial and try again? No a jury declaration of not guilty is the final word in the case.

And the legal definition

jury nullification. A jury's knowing and deliberate rejection of the evidence or refusal to apply the law either because the jury wants to send a message about some social issue that is larger than the case itself or because the result dictated by law is contrary to the jury's sense of justice, morality, or fairness.
Yeap.[/QUOTE]

I did not say that jury nullification does not happen I said it is a bad practice and is not encouraged. The jury is not the place to decide if an issue is constitutional which is what we were discussing. If the jury refuses to try the case on the law and there is obvious jury misconduct it wasn't a fair trial. That isn't the same as saying a jury found him not guilty so state go find more evidence which is where the double jeopardy would apply. I am talking about instances of obvious misbehavior by the jury or bias by the jury. i am not saying that we can just assume misconduct and throw it out. If the state appeals a conviction and the court decides later there was jury misconduct it will be reversed and remanded and will not be used as future legal precedent. If at trial the jury refuses to follow the law the judge does have discretion.
 
M

makare

My lack of soul is greater than his lack of soul!


However, I will concede that what he is saying is mostly true but I just don't think I have made my argument very clear that's all. I blame brain frying and imagining Dave naked.
 
For those besides makare who say they want to do jury duty--I read and listen to court tapes and transcripts all day. It's not like on TV. It's very, very boring, even if the case content itself is interesting.
 
For those besides makare who say they want to do jury duty--I read and listen to court tapes and transcripts all day. It's not like on TV. It's very, very boring, even if the case content itself is interesting.
I wouldn't actively try to get out of it, but I wouldn't actively try to get in it, either
 
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