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- Newsgroups: misc.legal
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- From: moore@cs.utah.edu (Tim Moore)
- Subject: Fully Informed Jury Amendment
- Message-ID: <MOORE.93Jan24145352@defmacro.cs.utah.edu>
- Organization: University of Utah CS Dept
- Date: 24 Jan 93 14:53:52
- Lines: 27
-
- This weekend I picked up some literature from the Fully Informed Jury
- Asscocation at the Salt Lake City Survival Expo (actually, I was
- helping out at the Salt Lake City Gift Show next door and wandered in.
- Strange bedfellows...)
-
- What's the net's legal opinion about the right of juries to judge the
- law, as well as the facts, of a case?
-
- One argument in the FIJA literature is that juries already have the
- power to judge law because "no one can tell the jury what verdict it
- must reach, nor restrict what goes on in jury-room deliberations, nor
- punish jurors for the verdict they bring in, nor demand to know why
- they reached that verdict." Therefore, the argument continues, juries
- have the right to judge law because "...one gets right down to it,
- there is precious little difference, except in academic legal
- discourse, between a right and a power." Hmm, I'm a bit skeptical of
- that one; it seems to imply that juries have the right to decide
- whatever they want, regardless of the facts of the case. Maybe some
- net legal eagle could explain.
-
- A side question: where is the principle that the State can't appeal an
- acquittal stated, in the Constitution or somewhere else?
-
- --
- Tim Moore moore@cs.utah.edu {bellcore,hplabs}!utah-cs!moore
- "Wind in my hair - Shifting and drifting - Mechanical music - Adrenaline surge"
- - Rush
-