• Tar_Alcaran@sh.itjust.works
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      7 days ago

      And even if not, they should find him innocent anyway. A way to… nullify using a jury. And they should never talk about this ever.

      • assassinatedbyCIA@lemmy.world
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        7 days ago

        Now I would never advocate for jury nullification because it’s illegal. Even though if you did do jury nullification there would be no way to punish you and Luigi would go free with the state having no ability to charge him again for the same crime. I would never say that if you are aware of jury nullification to not bring it up when they are selecting witnesses and, I certainly wouldn’t say that once you get on the jury you should not explicitly mention jury nullification but instead protest the fact that you have reasonable doubts and encourage others to also have reasonable doubts because of the aforementioned jury nullification being illegal. I would definitely not do any of that.

        • Darorad@lemmy.world
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          7 days ago

          Jury nullification is actually legal, and has been upheld as a right of juries in multiple cases. The defense just can’t inform the jury about it.

          • Swedneck
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            3 days ago

            honestly the fact that people talk about it as some secret horrible thing feels like it’s perpetrated by people in the legal system who don’t want it to exist

            it’s just a basic result of the right to be judged by a jury of peers who are free to judge as they deem correct, and ought to be seen as a core part of the legal system’s correct functioning.