The fallacies and failure of social Darwinism.

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Svartalf
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Re: The fallacies and failure of social Darwinism.

Post by Svartalf » Sun Aug 04, 2013 9:02 pm

I don't know if it works that way here, I am not sure the jury selection process is as involved here as it is your side.

and I think jury nullification is hardly unknown here, though I have only one famous case that comes to mind.
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Seth
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Re: The fallacies and failure of social Darwinism.

Post by Seth » Sun Aug 04, 2013 9:11 pm

Svartalf wrote:I don't know if it works that way here, I am not sure the jury selection process is as involved here as it is your side.
The term "voir dire" is well know in the UK, although it means something slightly different. I imagine that the attorneys still question jurors for evidence of bias, and I also imagine that judges get very upset when a jury nullifies the law in a particular case. In fact, if I understand it correctly, if the judge doesn't like the verdict he can simply dismiss the jury and form a new one and retry the case. We call that "double jeopardy" and it's unlawful here.

I'm reasonably certain however that no judge looks favorably upon a juror announcing that he will vote "not guilty" if he believes that the application of the law in these specific circumstances would constitute a miscarriage of justice if the evidence shows that the defendant has met the standard of guilt that's applicable.

I know I've never seen one who would put up with it, which is why I never get called for jury duty anymore. Used to be that because I was a cop, they didn't even send me a summons. Now I have to show up for pretrial voir dire, and some prick judges will make me sit around all day to be examined last when I note that I'm a Nullificationist on the written jury questionnaire just out of spite, but I've never once been empaneled. Though I wouldn't mind being empaneled on an interesting case. Just because I believe in Nullification doesn't mean I'm going to nullify on principle, it just means I won't be railroaded into perpetrating an injustice.
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Svartalf
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Re: The fallacies and failure of social Darwinism.

Post by Svartalf » Sun Aug 04, 2013 9:22 pm

Dunno, I never got called for jury duty... civil servants never get called as their duty to the state is seen as incompatible with the independence required of a juror, and I may or may not suffer from additional disqualifications since I retired.
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