Mark Robert wrote: > 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.
Just using a word, nullification, does not make it clear that is it only unconstitutional official acts that should be "nullified" by acquittal. Historically, most "nullification" has been of unpopular statutes, not unconstitutional ones. That is a critical distinction that mere use of a word obscures. > 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? No. Acquittal does nothing to remove the statute, except perhaps to persuade legislators that repealing it would be popular and get them re-elected. Enough acquittals can reduce the statute to a "dead letter", on the books but no longer enforced, but does not "delete" anything except the charge in that case. Nothing prevents prosecutors from going on to prosecute other people under the same statute, and they are likely, in today's degraded civic culture, to succeed. -- ---------------------------------------------------------------- Our efforts depend on donations from people like you. Directions for donors are at http://www.constitution.org/whatucando.htm Constitution Society 7793 Burnet Road #37, Austin, TX 78757 512/374-9585 www.constitution.org [EMAIL PROTECTED] Get your free digital certificate from http://www.thawte.com ---------------------------------------------------------------- ForumWebSiteAt http://groups.yahoo.com/group/Libertarian Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/Libertarian/ <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
