<HTML><FONT FACE=arial,helvetica><FONT SIZE=3>Jury nullification opens a Pandora's box? I think that's hyperbole. Jury nullification is only one path for active dialogue about what the law should be, Outright jury nullification should be rare because juries get to decide not only does this (or that) part of the legal code apply but also which versions of the applicable facts they find most credible. Plus if both sides of the judicial machine have done their job who might not be able just to apply laws, stick to evidence presented in court are probably screened out of the process because like any amchine, the justice system has quotas and targets to meet, production goals to grind through.<BR>
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Examples from my life<BR>
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--Last time I got called for jury duty I actually showed up and participated. That is I showed up for my two days and went where told to go as pools for different cases were created. (The previous times I was away at school or pre-screened out on a questionnaire.) The first case I might have been in the pool for got settled just before the pool was called to report to the courtroom. <BR>
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--The second pool was a drug case, someone caught in a buy-bust operation in one of our most notiorious drug dealing areas. I do not know how I would have felt about the facts of this case. I know I think differently of some illegal drugs than of others. I know I share a well-known public dislike for things that smack of entrapment. I know I could babble at length about various social and economic imperatives of drug-dealing--and that I could easily call drug dealers scum sucking swine just as I do of many other business people. I also know all that ws irrelevant because I got screened out very fast for saying during Voir dire that I had signed various versions of medical marijuana authorizing petitions even though I thought early versions were way off base.<BR>
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--The next pool was even worse. It was a first-degree murder trial. Once I found that out, I tried to get screened off immiedately based on opposition ot the death penalty. I did not know the prosecutor had already taken the death penalty off the table and wound up having to invokve the oppresive demands of my work obligations to get excused. Much as I believe in doing one's civic duty, I am glad I got excused. The trial took three months instead of the six weeks originally planned. I had am ployer who paid for jury duty, but I would have died to have to live on $10 / day for that long.<BR>
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--I once was a witness in a very messy felony assault Domestic Violence case. I am VERY glad that the jury did not invoke jury nullifcation over the legislatively enacted definitions of domestic violence in this state, over any of the witness characteristics or over other points that get ample attenion in ohter jurisdictions.<BR>
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After all that though, I still understand many reasons juries make unpredictable decisions.<BR>
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DoreneC</FONT></HTML>