Time: Wed Nov 27 12:41:34 1996 Date: Wed, 27 Nov 1996 11:55:55 -0800 To: <libertylaw@www.ultimate.org> From: Paul Andrew Mitchell [address in tool bar] Subject: LLAW: Jury Nullification article ======================================================================= LIBERTY LAW - CROSS THE BAR & MAKE YOUR PLEA - FIRST VIRTUAL COURT, USA Presiding JOP: Tom Clark, Constable: Robert Happy, Clerk: Kerry Rushing ======================================================================= >Date: Wed, 27 Nov 1996 11:55:19 -0800 >To: Right to Keep and Bear Arms in Arizona <AZRKBA@ASUVM.INRE.ASU.EDU> >From: Paul Andrew Mitchell [address in tool bar] >Subject: Jury Nullification article > >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 >> >> > ==================================================================== [Text is usually formatted in Courier 11 non-proportional spacing @] [65-characters per line; .DOCs by MS-WORD for MS-DOS, Version 5.0B.] Paul Andrew Mitchell, B.A., M.S., email address: pmitch@primenet.com ship to: c/o 2509 N. Campbell, #1776, Tucson, Arizona state [We win] We can decode all your byte streams, spaghetti code notwithstanding. Coming soon: "Manifesto for a Republic" by John E. Trumane ie JetMan ====================================================================
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