Originally Posted by jwp475
Originally Posted by Scott F
My heart would be with him but if I had to serve on his jury in this state and the evidence came out just like in the story I would have to find him guilty. Not sure of the laws there but here it is an open and shut thing. It was a bad shoot.



Not me. I would not convict
Which is your duty should you conclude that the law applied literally to this defendant would result in injustice. This is jury nullification. The only reason defense attorneys don't make overt appeals for this to the jury is that they are barred by law from doing so. Those laws, however, are unlawful. Seems a contradiction, but it's not. An unlawful law is one which is in conflict with a higher law. Jury nullification goes to the very heart of the purpose of a jury in our legal system, and is therefore a higher order of law than any prohibiting references to it in court.