Jury Nullification in the US during civil rights movements protected Freedom of Speech AND POLITICAL DISSIDENTS
Political Dissidents acquitted by AMERICAN juries ignoring BRITISH LAW WHEN USED FOR POLITICAL PURPOSES. I see a parallel for today.
Also today. Image Miriam Webster Banana Republic
“Nullification had its American origins in colonial juries which ignored British law to acquit dissidents”
ARE LAWS BEING WEAPONIZED TO ATTACK FREEDOM OF SPEECH or to WEAPONIZE THE JUDICIAL, OR LEGAL SYSTEM. What tool was used in the past. Would a Judge or Jury use it. Just information. That’s all I’m sharing on a very historic day.
Considering Jury Nullification: When May and Should a Jury Reject the Law To Do Justice
NCJ Number
141821
Journal
American Criminal Law Review Volume: 30 Issue: 2 Dated: (Winter 1993) Pages: 239-254
Author(s)
J B Weinstein
Date Published
1993
Length
16 pages
Annotation
Nullification of the law can take the forms of non- prosecution, judge or jury nullification, and pardon or amnesty. Jury nullification occurs when jurors, based on their own sense of justice, refuse to follow the law and acquit a defendant even when the evidence presented seems to point to an incontrovertible verdict of guilty.
Image from Signals matter
Abstract
The current concerns with nullification seem to stem from disquieting societal trends, centered around racial disharmony and antagonism. However, nullification is a legitimate result of an appropriate constitutional process safeguarded by judges and the judicial process. …Nullification had its American origins in colonial juries which ignored British law to acquit dissidents. Along with civil disobedience, nullification may be seen as an integral feature of the birth of this nation. The group decision making process inherent in the jury system protects the law from the chaos that would result if each individual could interpret it according to his sense of justice. This author concludes that judges should allow nullification without fostering it. “
“Supreme Court justice Sonia Sotomayor, currently the only Supreme Court justice who has ever presided over a trial by jury, spoke publicly about jury nullification (begins at approximately 26 minutes into the linked video) and her comments are also in agreement with this assessment:
"You know the Second Circuit has an opinion that basically says that juries should never be instructed about jury nullification and that any instruction that would suggest it is wrong. I hewed very closely to the Second Circuit line for many, many years. As I’ve grown more in the system and watching it, I’m not so sure that that’s right.
Think about what juries did during the civil rights movement. If it weren’t for jury nullification, we would have many civil rights individuals who would be convicted felons or otherwise for things that today we think are protected by the First Amendment.
There is a place, I think, for jury nullification. Finding the balance of that and the role that a judge should or should not play in advising juries about that is, I think, a different thing.
But I think that we need—you’re right. Our forefathers did not believe that juries necessarily always got it right, but it was, I think what they believed is that the jury getting it wrong, was better than the crown getting it wrong."
This post replaces another previously scheduled post. Right now I wonder if lawyers representing political dissidents (medical freedom doctors etc) the world over should be examining this little used tool. We speak often about weaponized rules, regulations, and laws. There needs to be tools to address these wrongs within the judicial system.
Image from Pinterest (I like it because I like her with HER SWORD READY FOR SLAYING- SEND ME ONE FOR MY SUBSTACK; BLIND AND SWORD held VERY ALOFT)
If justice is no longer ‘blind’ but targeted based on your political views, your snopes, FB, Wikepedia, paypal or disinformation bureau ‘credit’ score, then it is no longer justice ab initio. It is targeted persecution. Anyone who thinks they like their justice to follow their political power: they are naïve AF. The noose will just close until you too will be on the side of persecution; you will live in an untenable police state; you will destine your children to live without Freedom or the Rule of Law. What wealth is worth that. Have a soul. Tyranny is never right.
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Transformative change is not incremental. It is everywhere and all at once. That is both what we are seeing, what we must combat, and how to bring about our solutions. EVERYWHERE AND ALL AT ONCE. You must activate like little cells of freedom, democracy and justice. Invade your schools, cities and towns. Speak at every chance. Use your personal political power. File your suits. Transform your neighbors views. If they aren’t receptive on the shots, try 15 minute cities, try stickers. They may have infiltrated everywhere, it is now our turn. En masse. Retirees, underemployed, stay at home parents, etc. etc. The tools are YOUR innate abilities. I believe in you. What I am seeing? Lady Justice with her blind fold removed.
Lots of naive AF in this country. Not all, but way too many.