Time: Wed Nov 27 14:18:56 1996
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Message-ID:  <2.2.16.19961127195519.089fb998@mailhost.primenet.com>
Date:         Wed, 27 Nov 1996 11:55:19 -0800
From: Paul Andrew Mitchell [address in tool bar]
Subject:      Jury Nullification article
To: Multiple recipients of list AZRKBA <AZRKBA@ASUVM.INRE.ASU.EDU>

At 10:13 AM 11/27/96 -0600, you wrote:
>There's a good article on jury nullification that just came out:
>
>J.J. Duane, "Jury Nullification: The Top Secret Constitutional Right",
>Litigation, Summer 1996 v2 #4.   This is the ABA's rag for trial lawyers
>and judges.
>
>I've only read about 1/5 of the "long" article.  It discusses case law
>in depth, and it is very interesting.  In NO case, have the courts EVER
>overturned any instance of jury nullification, and it is upheld
>rigorously in all the case law.  But surprisingly, the same courts have
>unanimously held that judges need not inform jurors about this!!!???
>
>This reminded me of the recent Ohio case where the SC ruled that police
>officers need not tell you that you are free to go before asking to
>search your vehicle.
>
>It seems that more and more, the courts seem to be saying that the
>people better damned well get their own education about these matters.
>Even if the public knows its rights though, all the agencies are still
>willing to make your life hell right up until time they drop the case.

... resulting in actions which can
only be characterized by the term
"barratry," which is also a crime.
Confer at "barratry" in Black's
Law Dictionary.

/s/ Paul Mitchell


>
>It's a very interesting article, and so far casts nullification on a
>very positive light.
>
>swest
>
>

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