Judge tosses jury-nullification felony

[RamRoddoc]

http://www.wnd.com/2016/03/judge-tosses-jury-nullification-felony/

Very interesting steps in the judicial process...

In the Wood case, prosecutor Brian E. Theide had argued, “Freedom of speech is not absolute.”
While Theide acknowledged that handing out leaflets “in the advocacy of a politically controversial viewpoint … is the essence of First Amendment expression,” he argued the U.S. Supreme Court has found such conduct unprotected by the First Amendment.

“the power of juries to let guilty people go free in the name of justice is treated as suspect and called ‘jury nullification,’ the power of prosecutors to do the exact same thing is called ‘prosecutorial discretion,’ and is treated not as a bug, but as a feature in our justice system.

The brochure says Americans colonists “regularly depended on juries to thwart bad law sent over from England.”
“The British then restricted trial by jury and other rights which juries had helped secure. Result? The Declaration of Independence and the American Revolution.”

 

[GAgunLAWbooklet]

Remember back in the Jim Crow days of the South when no white man could ever be convicted for any crime against a negro, because no matter what the law said, the all-white jury would never punish one of their own over an offense done to a (n-word)?

That's jury nullification, too.

Jurors are under oath to decide the facts and only apply the law as the judge gives it to them. (Even though the Ga. constitution says jurors shall judge both the law and the facts.)

 

[gh1950]

Read the case.

What the judge did has very little to do with jury nullification.

 

[Ken Ford]

Read the case.

What the judge did has very little to do with jury nullification.

The judge appears to be correct, it is the prosecutor that appears to tromping on the constitution.

 

[gh1950]

The judge appears to be correct, it is the prosecutor that appears to tromping on the constitution.

The judge is correct, but the reason the warrant was thrown is because the defendant was charged with a felony and a misdemeanor for the same conduct, and the judge ruled that the prosecutor couldn't do that -- a pretty standard ruling. The ruling had very little to do with the actual charge.

The judge specifically reserved the issues regarding jury nullification for ruling on the pending misdemeanor charge.

 

[Jmposey]

Here's the best part:

If this guy pleads not guilty and asks for a jury trial...


... the prosecutor will now have to explain to the jury what jury nullification is.