C.D. replied: > > Have there been any recorded incidents of jurors using jury > > nullification to acquit someone on a gun law violation, based on the > > juror(s) belief that the law was unconstitutional? > > You're asking for a tall order. > > Since nullification offends many judges, and since jurors > like Laura Kriho have been persecuted on suspicion of > exercising it, most nullifying jurors choose not to make > their choice public. Therefore, "records" would be few and > far between.
Logical, though gun owners being the ornery and independent lot they are might be a bit more vocal. Privately, another list member mentioned the Bernard Goetz case. I've only had time to find one reference, but the document speaks directly to the issue. http://www.saf.org/LawReviews/Cohen1.html The telling paragraph therein: "That the jury understood the issue as one of vigilanteism is revealed by an examination of their treatment of some of the lesser charges of weapons possession. After finding Goetz guilty of unlawful possession of the weapon that he admitted to owning without a permit and using to shoot his assailants, the second charge they addressed was fourth degree possession of a weapon. This charge related to the possession of: (1) a Smith and Wesson model 60, 38 special revolver, similar to the weapon used in the shooting; and (2) a 9 mm semi-automatic pistol. Even though, the prosecution presented the testimony of two gun dealers supported by documents that Goetz had purchased these weapons, the testimony of his neighbor that Goetz had delivered these guns to her for safe-keeping shortly after the shootings, the testimony of the detective who recovered the weapons, and the defense's failure to present rebuttal evidence, the jury nonetheless acquitted. Goetz of the charge." If anyone finds such instances, please let me know. An acquaintance of mine is compiling a list for further analysis. ----------------- Guy Smith Author, Gun Facts www.GunFacts.info [EMAIL PROTECTED] _______________________________________________ To post, send message to [email protected] To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/firearmsregprof Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
