tag:blogger.com,1999:blog-2123919364122433432.post1137356604609601404..comments2023-09-25T03:57:22.736-06:00Comments on The Decorum Forum: Arguing the lawBob Newlandhttp://www.blogger.com/profile/05388226473052858297noreply@blogger.comBlogger8125tag:blogger.com,1999:blog-2123919364122433432.post-37472722003884612592009-09-02T13:18:50.318-06:002009-09-02T13:18:50.318-06:00In certain situations jury nullification should mo...In certain situations jury nullification should most definately be used. Most of our lawmakers don't have the guts to change some of the idiot laws we have.<br />I would vote in favor of your amendmant.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2123919364122433432.post-58133151864329475702009-08-31T15:35:37.788-06:002009-08-31T15:35:37.788-06:00The proposed amendment to rights of accused person...The proposed amendment to rights of accused persons would allow an accused person to say something like the following at any point (including during trial) between being charged with a crime and being acquitted or convicted:<br /><br />"I did what I am accused of, but I should not be punished for it because...."<br /><br />Currently, a jury is usually instructed that it doesn't matter why someone did an act; if the act is illegal, he should be convicted. Currently, if an accused starts explaining a rational reason for having committed an act, he is threatened with contempt of court for doing so.<br /><br />If someone tells a jury what the punishment for the act is, a mistrial results immediately.<br /><br />Some of us think that is bullshit.Bob Newlandhttps://www.blogger.com/profile/05388226473052858297noreply@blogger.comtag:blogger.com,1999:blog-2123919364122433432.post-46483487265958923482009-08-31T14:05:50.949-06:002009-08-31T14:05:50.949-06:00Bob,
That is an interesting question. And from my...Bob,<br /><br />That is an interesting question. And from my extremely limited legal viewpoint (as I don't have much experience in these affairs), it goes back to the question of whether or not someone is morally obligated to follow the laws of the country they live in. I don't want to get in a discussion on that particular question however because I think it could turn into a thesis paper (or maybe it would be good to have that discussion here!) However, in this particular point, I need some clarification. In debating the merits of the law in a legal system, would this then allow the accused to be indemnified from his crime? If so, then we create a system that again brings "law-making<br /> to the courts, and that my friend, is a dangerous situation indeed. <br /><br />Or maybe I just misunderstood everything you asked!The Guyhttps://www.blogger.com/profile/14802959509646610415noreply@blogger.comtag:blogger.com,1999:blog-2123919364122433432.post-74881663208727211382009-08-31T09:40:32.202-06:002009-08-31T09:40:32.202-06:00Thoreau called it "civil disobedience." ...Thoreau called it "civil disobedience." <br /><br />As did Gandhi, MLK and Cesar Chavez. <br /><br />As do I. <br /><br />However, regarding its prescription, I find the best results are obtained when taken in moderation.Bill Fleminghttps://www.blogger.com/profile/08319507693205848772noreply@blogger.comtag:blogger.com,1999:blog-2123919364122433432.post-59393611169142930872009-08-31T09:29:23.717-06:002009-08-31T09:29:23.717-06:00The amendment proposed that an accused person be a...The amendment proposed that an accused person be able to argue the merits, validity and applicability of the law at any point during his prosecution.<br /><br />Those abilities are not available to accused people now. Judges "interpret" the law. Accused people are only allowed to argue as to whether they violated the law.<br /><br />Taunia, Frieberg's violation occurred in 2002. There is a seven-year limitation on bringing charges for any misdemeanor in SD.<br /><br />And, yes, the principle is referred to vulgarly as "jury nullification." I prefer to refer to it in this sense: in some cases, juries consider the law carefully and find it wanting.Bob Newlandhttps://www.blogger.com/profile/05388226473052858297noreply@blogger.comtag:blogger.com,1999:blog-2123919364122433432.post-57327672773877915032009-08-30T21:54:54.357-06:002009-08-30T21:54:54.357-06:00I keep rereading this, and I'm still confused....I keep rereading this, and I'm still confused.<br /><br />Seven years have passed since the "lie" by Frieberg happened or seven years since your anonymous "someone" was accused of something for which now they are charged in a court of law and must defend themselves in front of a jury?<br /><br />If this is about the first seven years in question, why are you bringing this up now? Especially considering what you have on the table. BTW, are you doing an appeal? (These questions are not, in any way, a "set up" and are not meant to induce any "taboo" discussions. Email me if you choose.)<br /><br />If not, then you're referring to jury nullification? I like it. If a jury sees a gross injustice with a certain law someone's been charged with breaking, should they be bound to find that person not guilty/guilty to an injust law?Taunia Adamsnoreply@blogger.comtag:blogger.com,1999:blog-2123919364122433432.post-13870133308720376742009-08-30T20:35:38.882-06:002009-08-30T20:35:38.882-06:00You can of course, argue the injustice of any law ...You can of course, argue the injustice of any law you want to now. (Well, I mean I can. You can't because, well... sorry... you CAN, but I don't think you should... but only on just that one thing.)Bill Fleminghttps://www.blogger.com/profile/08319507693205848772noreply@blogger.comtag:blogger.com,1999:blog-2123919364122433432.post-16146110723512124862009-08-30T20:31:52.049-06:002009-08-30T20:31:52.049-06:00Argue in what way, Bob. You mean in court, on your...Argue in what way, Bob. You mean in court, on your own behalf? Or have your lawyer argue it for you? Or appeal to a judicial review committee, or what?Bill Fleminghttps://www.blogger.com/profile/08319507693205848772noreply@blogger.com