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ct520 | 1 year ago

What I believe he is referring to is Jury nullification. I interpret your statement of open and shut case as you believe jury must convict if what they interpret to be facts of breaking a laws written by man. By a jury choosing not to convict there is another form of justice implied…

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grobbyy|1 year ago

My guess is that most people on a jury would convict, but the odds of an entire jury convicting are less than fifty percent. I don't know how much less.

Tha kind of flexibility is the point of a jury. Laws aren't purely mechanical in most countries, for good reason. There's a lot of complexity and nuance, especially when some people have political power.

I don't have enough background here to make a judgement about what a jury should do, but I do have enough background to know that things like jury nullification are important to a well-functioning justice system.

PopAlongKid|1 year ago

I believe he is referring to if/when the cops confront the suspect, they will claim a justification for shooting him fatally during the arrest attempt.

77pt77|1 year ago

And all it takes is one juror being inflexible.

samatman|1 year ago

That's all it takes for a hung jury, yes.

In which case the prosecution will have plenty of grounds to screen for that in the next trial, that next trial will happen, and then the guy gets convicted of first degree murder. Presuming he's found in the first place.

There's no world in which all twelve jurors vote not guilty if the defendant is demonstrated to be the assassin beyond reasonable doubt. That simply won't happen, it's a delusion. Hanging the first trial would merely delay the inevitable, and I don't expect that to happen either.

aaomidi|1 year ago

Yeah it’s effectively one of the final bastions of defense that’s not a civil war.