John,

 

Thanks for clearing that up. Now I think I know who said what. My
first understanding was correct. And my emails are arriving
again, so let's try to resume.

 

I understand your push to argue law before jurors for purposes of
assuring and educating them, but I am not sure I understand your
skepticism against promoting further publicity of FIJA-type jury
nullification. The two are not mutually exclusive. In fact, even
after successful arguments of unconstitutionality by the defense,
in order for the jury to actually delete the longstanding
unconstitutional legislation at hand, a nullification vote of
acquittal would still be required. Am I thinking straight?

 

-Mark

 

 

  _____  

 

Sorry, I can see how you might get confused, but cleaning it up
is too much 
trouble. Just count the > chars. Conrad is arguing for jurors not
knowing, and I 
am arguing they actually know but aren't sure and are susceptible
to herd 
pressures that will override what they know unless that is
reinforced by hearing 
legal argument. Either way, my case for demanding legal argument
before the jury 
stands. That was the standard of due process at the time of the
Founding. If law 
is not argued before the jury, it is not a "jury trial" under the
Constitution, if 
understood as it was originally meant.




  _____  



[Non-text portions of this message have been removed]



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