Sentences with phrase «where jury nullification»

Editorial note: This is the type of case where jury nullification might prove useful.

The world knows these guys broke the law, they've made statements admitting their actions, however, this is one of those instances where jury nullification may overrule the law.

Not exact matches

Terrie Best points to a website, www.Fija.org (Fully Informed Jury Association) where the public is encouraged to read about jury nullification, its history and why our forefathers set up the jury of twelve peers trial system in order to protect against tyranny of governmJury Association) where the public is encouraged to read about jury nullification, its history and why our forefathers set up the jury of twelve peers trial system in order to protect against tyranny of governmjury nullification, its history and why our forefathers set up the jury of twelve peers trial system in order to protect against tyranny of governmjury of twelve peers trial system in order to protect against tyranny of government.

At risk of 13 years in prison plus an addition $ 13,000 in fines, activist Jeff Olson turned down a plea deal and took his case before a jury where today he was acquitted on all 13 misdemeanor charges in what appears to be another jury nullification.

This incident occurred at the temporary south entrance of the courthouse, where Occupy Denver activists have been distributing jury nullification fliers on weekday mornings, 7:30 - 9:00 am, without incident since moving from the main doors.

«The term jury nullification refers to that rare situation where a jury knowingly chooses not to apply the law and acquits a defendant regardless of the strength of the evidence against him.

Mark Iannicelli was arrested on 27 July 2015 at the Lindesy - Flanigan Courthouse in Denver, Colorado where he was allegedly handing out flyers informing people of jurors» right to conscientiously acquit by way of jury nullification.

Indeed, the status of this topic as free speech that is supposed to be guaranteed under the First Amendment has been upheld by courts more than once: ● in Florida, where a judge affirmed that handing out FIJA brochures regarding jury nullification is legal based on principles of free speech ● in New York, where a federal judge dismissed false jury tampering charges against someone handing out brochures that advocated jury nullification ● in Colorado, where a judge dismissed false jury tampering charges against two people handing out FIJA's educational material on jury nullification

a jury - trial found the defendant guilty at the first level, then the case was appealed to the second, where the jury (via nullification) acquitted.

While this is often unfair, such as in cases where there is no victim, once you are sentenced, jury nullification education is not likely to be of direct use in your case.

Jury nullification makes a prominent appearance in the public discourse again this week in the state of New York, where activists are continuing to protest the state's so - called «SAFE Act».

He consistently promoted liberty, with special emphasis on jury rights, through his political campaigns and support of others», by marching in parades, tabling at hempfests, gun shows, county fairs, and other events complete with FIJA literature and posters, writing letters to the editor, and through his work with Montana Community Access TV, where he featured jury nullification as a topic more than once.

Simply put, jury nullification refers to the phenomenon of jurors flatly refusing to apply a law in circumstances where society's view of criminality differs from that of our Criminal Code.

Here is the federal government's position: «[T] he defendant's advocacy of jury nullification, directed as it is to jurors, would be both criminal and without Constitutional protections no matter where it occurred» [emphasis added].

This broader sense of jury nullification is distinguished from cases where the jury sincerely tried to reach a correct verdict based upon the jury instructions but screwed up in their interpretation of the jury instructions and / or their understanding of what happened factually.

Jury nullification in the broader (and less common) sense of the phrase used in this question, refers to cases where the jury actually ignored the law as applied to what the jury believed actually happened from a factual perspective in light of their actual knowledge and not just what was presented at trJury nullification in the broader (and less common) sense of the phrase used in this question, refers to cases where the jury actually ignored the law as applied to what the jury believed actually happened from a factual perspective in light of their actual knowledge and not just what was presented at trjury actually ignored the law as applied to what the jury believed actually happened from a factual perspective in light of their actual knowledge and not just what was presented at trjury believed actually happened from a factual perspective in light of their actual knowledge and not just what was presented at trial.

Jury nullification is one of those kinds of things in life where, «if you have to ask, it means that you can't do it.»