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	<title>Comments on: Fully Informed Jury bleg</title>
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	<link>http://standardmischief.com/blog/2007/01/15/fully-informed-jury-bleg/</link>
	<description>Life. Liberty. Pursuit of Happiness.</description>
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		<title>By: straightarrow</title>
		<link>http://standardmischief.com/blog/2007/01/15/fully-informed-jury-bleg/comment-page-1/#comment-7772</link>
		<dc:creator>straightarrow</dc:creator>
		<pubDate>Wed, 17 Jan 2007 00:01:47 +0000</pubDate>
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		<description>zuzu said it. I agree. I don&#039;t know zuzu, but the most brilliant legal minds in our history say the same thing he said. His three years of law school and ten years of practice didn&#039;t teach him much.</description>
		<content:encoded><![CDATA[<p>zuzu said it. I agree. I don&#8217;t know zuzu, but the most brilliant legal minds in our history say the same thing he said. His three years of law school and ten years of practice didn&#8217;t teach him much.</p>
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		<title>By: Magus</title>
		<link>http://standardmischief.com/blog/2007/01/15/fully-informed-jury-bleg/comment-page-1/#comment-7771</link>
		<dc:creator>Magus</dc:creator>
		<pubDate>Tue, 16 Jan 2007 23:30:59 +0000</pubDate>
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		<description>Though not what you asked for, here&#039;s some pro jury nullification cites. I wonder if zuzu ever heard of them in his three years of law school and ten years of federal litigation practice?

If the jury feels the law is unjust, we recognize the undisputed power of the jury to acquit, even if its verdict is contrary to the law as given by a judge, and contrary to the evidence...If the jury feels that the law under which the defendant is accused is unjust, or that exigent circumstances justified the actions of the accused, or for any reason which appeals to their logic or passion, the jury has the power to acquit, and the courts must abide by that decision.

4th Circuit Court of Appeals, United States v. Moylan, 1969


[The jury has an] unreviewable and irreversible power...to acquit in disregard of the instructions on the law given by the trial judge...The pages of history shine on instances of the jury&#039;s exercise of its prerogative to disregard uncontradicted evidence and instructions of the judge; for example, acquittals under the fugitive slave law.

D.C. Circuit Court of Appeals, Unites States v. Dougherty, 1972


It is not only [the juror&#039;s] right, but his duty...to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court.

John Adams, 1771


.....it is usual for the jurors to decide the fact, and to refer the law arising on it to the decision of the judges. But this division of the subject lies with their discretion only. And if the question relate to any point of public liberty, or if it be one of those in which the judges may be suspected of bias, the jury undertake to decide both law and fact.

Thomas Jefferson, &quot;Notes on Virginia,&quot; 1782


It is presumed, that juries are the best judges of facts; it is, on the other hand,presumed that courts are the best judges of law. But still both objects are within your power of decision.....you have a right to take it upon yourselves to judge of both,and to determine the law as well as the fact in controversy.

Chief Justice John Jay, Georgia v. Brailsford, 1794


Jurors should acquit, even against the judge&#039;s instruction...if exercising their judgment with discretion and honesty they have a clear conviction that the charge of the court is wrong.

Alexander Hamilton, 1804


The jury has the power to bring a verdict in the teeth of both the law and the facts.

Justice Oliver Wendell Holmes, Horning v. District of Columbia, 1920</description>
		<content:encoded><![CDATA[<p>Though not what you asked for, here&#8217;s some pro jury nullification cites. I wonder if zuzu ever heard of them in his three years of law school and ten years of federal litigation practice?</p>
<p>If the jury feels the law is unjust, we recognize the undisputed power of the jury to acquit, even if its verdict is contrary to the law as given by a judge, and contrary to the evidence&#8230;If the jury feels that the law under which the defendant is accused is unjust, or that exigent circumstances justified the actions of the accused, or for any reason which appeals to their logic or passion, the jury has the power to acquit, and the courts must abide by that decision.</p>
<p>4th Circuit Court of Appeals, United States v. Moylan, 1969</p>
<p>[The jury has an] unreviewable and irreversible power&#8230;to acquit in disregard of the instructions on the law given by the trial judge&#8230;The pages of history shine on instances of the jury&#8217;s exercise of its prerogative to disregard uncontradicted evidence and instructions of the judge; for example, acquittals under the fugitive slave law.</p>
<p>D.C. Circuit Court of Appeals, Unites States v. Dougherty, 1972</p>
<p>It is not only [the juror's] right, but his duty&#8230;to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court.</p>
<p>John Adams, 1771</p>
<p>&#8230;..it is usual for the jurors to decide the fact, and to refer the law arising on it to the decision of the judges. But this division of the subject lies with their discretion only. And if the question relate to any point of public liberty, or if it be one of those in which the judges may be suspected of bias, the jury undertake to decide both law and fact.</p>
<p>Thomas Jefferson, &#8220;Notes on Virginia,&#8221; 1782</p>
<p>It is presumed, that juries are the best judges of facts; it is, on the other hand,presumed that courts are the best judges of law. But still both objects are within your power of decision&#8230;..you have a right to take it upon yourselves to judge of both,and to determine the law as well as the fact in controversy.</p>
<p>Chief Justice John Jay, Georgia v. Brailsford, 1794</p>
<p>Jurors should acquit, even against the judge&#8217;s instruction&#8230;if exercising their judgment with discretion and honesty they have a clear conviction that the charge of the court is wrong.</p>
<p>Alexander Hamilton, 1804</p>
<p>The jury has the power to bring a verdict in the teeth of both the law and the facts.</p>
<p>Justice Oliver Wendell Holmes, Horning v. District of Columbia, 1920</p>
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		<title>By: SayUncle &#187; For those of you who want to get your jury nullification argument on again</title>
		<link>http://standardmischief.com/blog/2007/01/15/fully-informed-jury-bleg/comment-page-1/#comment-7725</link>
		<dc:creator>SayUncle &#187; For those of you who want to get your jury nullification argument on again</dc:creator>
		<pubDate>Tue, 16 Jan 2007 13:31:12 +0000</pubDate>
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		<description>[...] go here. [...]</description>
		<content:encoded><![CDATA[<p>[...] go here. [...]</p>
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