And here's Judge Scola's response:
Thanks very much to my tipster!
UPDATE -- here's the latest question. Fascinating!
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11 comments:
The jury seems to be trying their own case.
The jury needs to be instructed that it has the abaolute privilege to acquit because they do not like the governments case and that there is zero that can be done if they decide to.
It appears that Judge Scola confused the jury even more with his hand writing!!!
I agree with 5:48. WTF? One or more members of the jury appears to have wandered off the reservation. Separation of church and state does not protect criminal activity (or searches/arrests based on probable cause). Someone seems to be focusing on the wrong (non-)issues. Hopefully, the jury has worked through that now and will get to the real substance.
The instruction 6:47 supports would violate well established S. Ct. and 11th Cir. precedent. While a jury has the power to nullify, it has no "right" to do so (and a defendant has no right to an instruction thereon, or to present evidence or argument to encourage jury nullification).
Finally, 7:12 has a point. Doesn't RNS have a typewriter or the ability to print out the answer?
After reading that first question Iam beginning to second guess whether the jury system is really the best system in place for deciding one's fate. Brain dead jurors just don't cut it. There always seems to be one on every jury. Never fails.
The jury has the power to nullify. I think a jury should be instructed on that power. See Irwin Horowitz's study on this issue.
Dont hate on the jury. I have seen more wisdom come from juries than from the bench.
BTW: Have you never heard of the doctrine of sanctuary?
1) Juries should be instructed on nullification; 2) I can't read the judge's hand writing at all and can barely make out the jury foreman's hand writing.
Sounds like not guilty verdict is on its way.
Why didnt Scola just direct a verdict?
Did Bob or jackie write that answer...
Just sayin'.
At 8:08AM, only the attorneys can be blamed for a brain dead jury. For some reason, it's become standard to use up peremptory challenges on potential jurors with signs of intelligence. It may be easier to persuade the dumb, but if you need your jury to be dumb as rocks in order to convince them about your case, maybe your position was a little weak or disingenuous to begin with. Traditionally, the jury was one of the strongest defenses against oppressive government. However, the caselaw has changed so that the power to nullify changed from being a right/duty, to something that must be discouraged as strongly as possible. Our liberties are gradually being eroded, and the modern role of the jury is a blatant example of that.
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