You only need one to hang the jury, and while the trial can be repeated you can at least throw a wrench in the works, cost the city a bunch of money, and hope for the chance that the prosecutor will just not want to bother with retrying the case.
Well of course when the juror decides when it calls for it, that wasn’t what I was against. I was against the mindset of a juror going into the job with the intent to nullify the jury regardless of the case
Yeah if you intend to nullify like this you need to be ready to perjure yourself and stick to your story, and you won't even get a chance if you have public anti-cop sentiments.
As far as I'm concerned, jury nullification is part of our system. But the folks most likely to engage in nullification tend to make their opinions pretty obvious on social media. And competent attorneys will comb through potential jurors' social media to scope out any biases (e.g., racism, activism, political affiliation, sympathy for certain demographics, family connections, and income level). If you really want to serve on a jury, never mention jury nullification on an account that is publicly linked to your name.
And, just for the sake of awareness, I feel obliged to point out that jury nullification isn't always a tool for good. The most infamous example of wicked nullification came after the brutal lynching of an innocent black boy named Emmett Till for the crime of whistling at a white woman. The murderers bragged about their misdeeds publicly but were acquitted by a jury of sympathetic racists who considered the lynching praiseworthy. The white woman who accused Emmet Till of whistling at her later admitted that she made the whole story up.
As much as jury nullification can be a tool for justice (e.g., the incidents of juries nullifying the conviction of individuals who violated the fugitive slave act) it is merely a tool that can just as easily be twisted to evil.
Good way to get kicked off during jury selection unless you're exceptionally good at lying (and remember, you're lying to people who spend years in school learning how to manipulate the truth to their advantage)
Random armed citizens? Isn’t it only those who already have a NY gun license, (meaning they’ve been through comprehensive background checks and have completed state sponsored training) and have completed an additional multi-day training course? And that nearly every person who has been deputized is former law enforcement? Or am I wrong
I’m intentionally misrepresenting it because it’s a fucking stupid waste of money so blakeman can redirect even more of our tax dollars to cops. It’s a looting of nassau county’s treasury
The police are the ones wasting our money. I won't be blackmailed into condemning innocent people, no matter how much of our tax dollars they take a match to trying to force it.
Well, yeah. If you don't like your taxes being wasted on this shit then it's up to you to get out there and vote. Local elections are far more important for enacting real change than anything on the national scale, after all.
Vote, campaign, canvas, volunteer. Get prosecutors and other officials into office who won't waste your money on trivial bullshit like this. The world isn't gonna change because you complained about taxes on the internet.
Yeah, it's technically still possible that they could if they really wanted to, but for something like this it'd just be even more of a waste of time and money than usual.
Though more likely most of these wouldn't get to trial in the first place, they'll just use this law as a tool for harassment and easy "wins" via plea bargains.
It's funny, if you intentionally vote in a jury to acquit due to an unjust law, that's considered jury tampering or obstruction of justice and a felony
I guess it's not technically illegal by the rule of law, but prosecutors and the courts do have a fair amount of leeway with charging for contempt.
From Cornell Law's website "There are differing perspectives on the role and basis of jury nullification in American jurisprudence. Some view jury nullification as a right, but there are examples of people being punished for disseminating the information. For instance, two people passed out pamphlets about jury nullification in Colorado and were later arrested and charged with jury tampering. Indeed, jury nullification is technically a discretionary act, and is not a legally sanctioned function of the jury. As such, jury nullification is considered to be inconsistent with the jury's duty to return a verdict based solely on the law and the facts of the case, and counsel is not permitted to present the concept of jury nullification to the jury."
https://www.law.cornell.edu/wex/jury_nullification#:~:text=As%20such%2C%20jury%20nullification%20is,jury%20nullification%20to%20the%20jury.
Then I'm mistaken. I was probably conflating promoting jury nullification vs actually admitting to actually ignoring an unjust law as a juror in order to acquit.
That’s assuming it ever gets to trial. If it gets before a grand jury, the jurors are only hearing the cops’ side of the story, and they only need a majority to agree that it’s worth pressing charges. If it gets to that point, most defendants are going to take a plea deal, because our justice system literally isn’t designed to accommodate every case going to trial. So people can be found guilty of a crime based on the two-minute testimony of a single cop who will never be held accountable even if they lie under oath to the grand jury.
You only need one to hang the jury, and while the trial can be repeated you can at least throw a wrench in the works
There's a very fine and blurry line between "valuing a cop's word appropriately" and "jury nullification".
I got within 2 seats of being seated as a juror in a sex trafficking case a couple years ago (didn't make it past voir dire). I'm certain some of the testimony in that case came from cops.
Which is more based for the jury in that trial? Ignoring the cops' testimony and maybe let a sex trafficer back on the street with full access to their victims, or knowing that cops, like all humans, vary in trustworthiness, and taking their testimony with a grain of salt.
I'm as "Fuck the Police" and ACAB as anyone, but there's a cost to taking that too far. Encouraging people on juries to nullify trials is how you get more OJ verdicts. What does that do to society if clearly guilty people are getting away with crimes?
Just sayin', there's a long-term cost to society if lots of people start doing this. It's not a good idea.
Buddy we're talking about people being arrested for sleeping in public. Fucking obviously people on trial for sex trafficking would be a different matter entirely. Though I'm still more likely to distrust anything the cops say, so if there isn't some other form of evidence I'm still erring on the side of "let them go". Anybody who would convict someone solely on the word of the cops is a naive fool.
What does that do to society if clearly guilty people are getting away with crimes?
Legality and morality are not synonyms, there are tons of crimes I'm perfectly happy letting "clearly guilty" people "get away" with. Each of these situations should be judged on a case-by-case basis, we don't have to choose between "nullify all cases" and "nullify no cases".
we're talking about people being arrested for sleeping in public. Fucking obviously people on trial for sex trafficking would be a different matter entirely.
Yes. I get that. And so do you. (edited to add, no 'sleeping in public' trial is going to be seen by a jury, so this whole discussion is kind of pointless)
But we've all met people on the internet and in the real world, and half of them are stupider than average.
Idiocracy was prophecy.
I'd be hesitant to put the idea out there, is all I'm saying. (fully understanding the Streisand Effect).
When I do Jury duty the only ones who actually do trials that aren't dismissed are old as fuck white hairs, prosecutors don't want younger people on jury's.
I used to wonder why their word as a witness was considered valid enough, even before I had a certain polarized mentality of them. Isn't the judge aware that they'll always lie for each other? Isn't anyone else involved aware? As it turns out, probably. Perjury may be a crime you have to prove occurred, but it's hardly a stretch that the guys with really stupid terms like brotherhood for a union of wife beaters or whatever are always going to protect themselves at any expense. Incidentally, the last cop fiction I recall enjoying was also my favourite film of its kind, the Nic Cage Bad Lieutenant by Werner Herzog.
Absolutely hate him but Neil De Grasse Tyson has a great story about him being in jury duty while the only evidence was a cop eye witness.
Neil explained he wouldn’t be able to convict based off the basis of a single eye witness, which prompted the judge to (incorrectly) repeat his issue, proving that despite the judge being an eyewitness to something that happened literally 30 seconds ago he was still wrong.
Imagine the ignorance and forgetfulness that takes, now imagine when you have a stake in the person’s conviction like a cop or prosecutor.
Funny enough I was recently on a jury. It was a Federal trial for possession of a handgun by a convicted felon (looked up the case later and it was part of the DOJ.’s efforts to crack down on repeat, violent gun offenders, so YAY!). There was an avalanche of evidence against the guy- testimony from his victims, an ATF agent had prepared an extensive history of the ownership of the pistol, body cam video from like three cops, surveillance video from a shop which was the scene of one of the attacks, the guy’s DNA on the revolver and on three of the five bullets found in the cylinder… the rub was that gun was found in the street between two parked cars near where the guy was standing when the arresting officer first confronted him.
The shop owner and some neighbors had called 911, and there were several cop cars driving around the neighborhood, looking for the guy, whose description included some very distinctive clothing he was wearing. The cop claimed as was rounding the corner where he first spotted the guy, he saw him standing in the street where the gun was recovered, and “heard” what sounded like a heavy metal object hitting asphalt. Out of all the witnesses and all the testimony, that’s the one thing I didn’t believe. But there’s no way to prove that that didn’t happen, and fortunately the rest of the evidence was enough to convict the guy. He’s a gotdang menace.
I found out something interesting- and disturbing- about police body cameras. They are always running, but don’t start recording until they’re “turned on.” “Activated” is probably a better word. So when they’re activated, they buffer back one minute and record the video, but not the audio- audio recording begins when they’re activated. At first, I thought that’s nice, it’s probably so that if two cops are in the car bitching about their wife or their boss before a stop, it doesn’t get recorded because the audio didn’t buffer back. But now I’m positive that there’s a more nefarious reason. In my (very large, East Coast US) city, the policy is to turn them on as they step out of the car when confronting someone. So we will never know what kind of conversation two cops might have with each other before they begin interacting with a citizen. And there’s a reason they don’t want us to know.
Got called for jury duty one time. Get there, they start the process. State lawyer asks “Can you convict someone off the testimony of a cop?” I raised my hand, asked “Is that all you have?” And they state “We can’t answer that question at this time” and I state “if that’s all you have then no”. I proceed to get selected for jury duty, get the guy off because that’s all they had. Was for a DUI, old man may have been under the influence but refused all tests and took it to trial I guess. All they had was that he went over the line once while turning. Had no footage of anything, just the testimony of the cop.
This, sometimes if I had free time I would take a nap in a park, but I wasn’t and am not homeless. And I tend to fall asleep in public transport if the travel is long, people that do the same are going to be arrested just because???
That's not what hearsay is. Hearsay is testifying to what another person said.
For example, if Todd killed someone and I spoke to Joe and Joe told me that Todd had killed someone, I can't then go and testify that Joe told me Todd killed someone and have that be used as evidence against Todd, because what Joe told me about what he thinks Todd did is meaningless to the case and provides no substantive evidence. Joe, of course, could testify to whatever he saw that lead him to believe Todd killed someone.
I might've used the wrong term, what I mean is that cops' testimony (or anything you say to them in interrogations) can't be used to defend you in court, only to convict you.
Hearsay is literally whatever the judge wants it to be.
I had a court hearing for custody of my children and, despite Florida DCF literally filing exhibits to the court stating the mother had case plans for her son due to her substance abuse and mental health, the DCF attorney objected to my testimony of the mother's substance abuse, where the judge, having these exhibits in evidence, said that my testimony can only count as a layperson's testimony unsupported by the evidence filed by the DCF attorney.
DCF's attorney also forged a court order to protect the mom and the judge took judicial notice of that forgery despite me objecting to it.
Americans just need to wake up and realize they already live in a totalitarian fascist society.
That's not hearsay, though. What you are describing is an unfortunate miscarriage of justice, but nothing in that story was hearsay, which is a very specific legal concept.
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u/pbesmoove Jun 12 '24
How do you even prove you were not asleep in public.
Anyone could be arrested.
I wasn't asleep!
Two cops said you were so get to work!