Archive for the ‘jury nullification’ Tag

-Prosecutor Nullification vs. Jury Nullification   Leave a comment

The next time someone speaks up against jury nullification, ask their position on the FAR MORE COMMON prosecutor nullification.

via -Prosecutor Nullification vs. Jury Nullification.

The prosecutor is employed by the state. In Alaska, the judge is an appointed official subject to decadal voter retention — employed by the state. In many cases, the attorney is a public defender — employed by the state. In a trial, the only people who are not taking a paycheck from the same outfit that is prosecuted the defendant is the jury.

But the fact that most cases go to sentencing without ever being heard by a jury should concern us even more than that. An entire system conspires against the accused. We may think the public wants these laws that make certain activities criminal because our elected representatives enact the legislation, but that is not necessarily the case. If they knew that some of these laws would put their kids in jail for simple things like — for example — deciding to sleep in their car rather than drive home drunk — would they be that in favor of the law? But there’s no way to say it’s a bad law. Once it’s been enacted, good luck changing it, even if you know about it — until you get to the jury room and then you hold the power to nullify the law … assuming the case ever got to you.

Jury nullification bill to get hearing – Fairbanks Daily News-Miner: Politics   Leave a comment

Jury nullification bill to get hearing – Fairbanks Daily News-Miner: Politics.

Alaska State Representative Tammy Wilson (from North Pole, which is next door to Fairbanks) specializes in tilting at windmills. She deserves kudos for trying at least, though this begs the question — with the long history of jury nullification that can be found in the Founders’ writings and in Supreme Court cases as well as English common law, why should this law be necessary? I’m not saying it’s not. The current jury constraints are a fairly recent abridgement of liberty that it is, unfortunately, necessary to address.

Jury Nullification   1 comment

There’s a lot more to this story than meets the eye. We’ve had quite a few FBI “informants” working in Fairbanks over the last couple of years. Why? Maybe because Alaskans have always complained about the federal government and so they see us as a threat that needs to be controlled. Shaefer Cox ran his mouth too much with the encouragement of an FBI informant and now he’s doing 25 years in federal prison. Guy Manino maybe had some encouragement to make this huge fire cracker and an FBI informant apparently told the police he set off the blast.

Let me be clear — Mr. Manino was an idiot for setting off this blast. We felt it at our house 12 miles away. Houses were damaged and Mr. Manino should pay for the repairs. That’s NOT the story.

The story is that an Alaska grand jury actually returned a no true bill on an indictment. I don’t know when was the last time that happened. Regular juries acquitting because they don’t agree with the law being prosecuted has been going on for 20 years, but the grand jury usually rubber-stamps whatever the prosecutor charges. Not this time.

http://www.newsminer.com/news/local_news/article_5f75de8a-8062-11e2-a190-0019bb30f31a.html

Kathleen “Mike” Dalton, a long-time Alaskan politician, once observed that “The pendulum swings. Just when we think the current course is set in stone, it starts back in the other direction.”

I’m not an optimist. I believe we’re in a bad situation and things could and probably will get worse. But there are glimmers of hope now and then — signs that some people either haven’t drank the koolaid or are starting to sober up from drinking it.

Today it’s Fairbanks Alaska and a grand jury recognizing the prosecutor overreached on a charge, tomorrow maybe it will be something far more significant.

Posted February 28, 2013 by aurorawatcherak in Government, Liberty, Tyranny

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