If you find yourself on jury duty in a very specific case (you know which one) you should know about this but pretend like you don't.
You Should Know
YSK - for all the things that can make your life easier!
The rules for posting and commenting, besides the rules defined here for lemmy.world, are as follows:
Rules (interactive)
Rule 1- All posts must begin with YSK.
All posts must begin with YSK. If you're a Mastodon user, then include YSK after @youshouldknow. This is a community to share tips and tricks that will help you improve your life.
Rule 2- Your post body text must include the reason "Why" YSK:
**In your post's text body, you must include the reason "Why" YSK: It’s helpful for readability, and informs readers about the importance of the content. **
Rule 3- Do not seek mental, medical and professional help here.
Do not seek mental, medical and professional help here. Breaking this rule will not get you or your post removed, but it will put you at risk, and possibly in danger.
Rule 4- No self promotion or upvote-farming of any kind.
That's it.
Rule 5- No baiting or sealioning or promoting an agenda.
Posts and comments which, instead of being of an innocuous nature, are specifically intended (based on reports and in the opinion of our crack moderation team) to bait users into ideological wars on charged political topics will be removed and the authors warned - or banned - depending on severity.
Rule 6- Regarding non-YSK posts.
Provided it is about the community itself, you may post non-YSK posts using the [META] tag on your post title.
Rule 7- You can't harass or disturb other members.
If you harass or discriminate against any individual member, you will be removed.
If you are a member, sympathizer or a resemblant of a movement that is known to largely hate, mock, discriminate against, and/or want to take lives of a group of people and you were provably vocal about your hate, then you will be banned on sight.
For further explanation, clarification and feedback about this rule, you may follow this link.
Rule 8- All comments should try to stay relevant to their parent content.
Rule 9- Reposts from other platforms are not allowed.
Let everyone have their own content.
Rule 10- The majority of bots aren't allowed to participate here.
Unless included in our Whitelist for Bots, your bot will not be allowed to participate in this community. To have your bot whitelisted, please contact the moderators for a short review.
Rule 11- Posts must actually be true: Disiniformation, trolling, and being misleading will not be tolerated. Repeated or egregious attempts will earn you a ban. This also applies to filing reports: If you continually file false reports YOU WILL BE BANNED! We can see who reports what, and shenanigans will not be tolerated.
Partnered Communities:
You can view our partnered communities list by following this link. To partner with our community and be included, you are free to message the moderators or comment on a pinned post.
Community Moderation
For inquiry on becoming a moderator of this community, you may comment on the pinned post of the time, or simply shoot a message to the current moderators.
Credits
Our icon(masterpiece) was made by @clen15!
Conversely, it's a great way of getting out of jury duty if you mention it during jury pool selection in criminal cases - the prosecution will kick you out as quickly as possible. It's why I haven't served on a jury for over thirty years.
Serving jury duty is an honor. Don't get out of it. The justice system sucks. Help it
Lmfao. You don't beat the system by obeying the system. You burn it to the ground a build a new system, with hookers and blackjack.
"Seeing as your honor shows a 7, the prosecution will stand on 19."
defense also with 17 "Hit us, your honor"
judge throws down a 4, half the courtroom bursts into cheers and the other into tears
There's miscarriages of justice every day in this country. We need this attitude in cases where they're trying someone for no charge other than resisting arrest just as much as that specific case.
in the courts thats true, like what is the circumstances of the accused, "the city targetting AA people preferentially and prosecuting them in quick sucession, like with luigi yes he isnt AA, but hes part of the class that challenged the ruling class. compared to a white person which they almost always become to careful not to charge them too quickly. in many cases the courts often try try to charge people on circumstantial evidence and eyewitness testimony.
But remember if you're on jury selection, you don't know what jury nullification is.
you can say you show bias towards the case, by citing any reasons, you will get strike from the juror pool most of the time .additionally, they dont even pay you well for your time, you can easily lose alot money a day for not working your job, in alot of places they can pay you a pittance of 5-15/day, in cali its 15 only a day. theres also the issue that your job will not look kindly for missing a lot of days.(despite what the law says the employee cant retaliate) they can do other things.
You are meant to "nullify" silently.
they choose jurors specifically that wont "jury nullification" i know quite a few people who were chosen on the basis: if you dont question thier authority(the ones choosing jurors), they love the pushovers, the retirees and govt workers, because they know they have nothing else to do".
other issues if the judges ego is not stroked: you're trying to get out of jury duty, they might force you to be on one regardless. i know subreddit and a forum that has a whole discussion around jury duty for each state/city. apparently some states are so desperate for jurors, they ignore most excuses.
Unpopular take but despite it being a popular thing, we want jury nullification to come from individual conclusions that this law does not apply despite the circumstances, and not because they know they can. Every study ever has shown that people who know about jury nullification tend to dismiss evidence more often, and are more easily deceived by a sympathetic/ non-sympathetic looking defendant. It's not even a law, it's the result of the fact juries can't be prosecuted for their decisions so really they can do whatever they want. This is enough to know that technically you can "nullify the law". That goes both ways, people can convict without evidence
Saying the law doesn't actually apply despite the person having done the thing the law says not to do is very different from saying the punishment should be nil. This could also keep you from ever serving on a jury and telling others about this in certain circumstances could be a crime. All the legal minds who looked into this agree it should still remain a thing, but it shouldn't be told to jurors explicitly. When you serve you swear to uphold the law, so it's tricky to nullify without ~~purgery~~ perjury except for very very special cases.
This is not a good YSK, you should understand what the law is as a juror. You could in theory reword this entire post without actually using the term and that would probably be helpful, but super complicated to write.
Esit: I'm team Luigi (in mario kart of course)
I disagree, we also want people to nullify laws that are unjust, such as prosecuting a woman who decides to have an abortion. This is one of the means the people retain to fight tyranny.
My comment does not say jury nullification shouldn't exist/be allowed. It says the opposite.
Let me clarify, I disagree that people should not be informed about jury nullification. Too many people forget that we grant our government power. One way we continue to enforce that power grant is by reserving the right to a trial by a jury of your peers. Too many people take that message to heart that they need to rule in accordance with the law.
Yeah, there’s a reason the juror box has been referred to as the third box of liberty.
The four boxes of liberty are a 19th century concept. They are the soap box, (making your disagreement publicly known, and trying to gather others who agree), ballot box, (voting out corrupt officials), juror box, (refusing to convict for unjust laws), and lastly the ammo box. Typically used in that order.
Basically, protest starts by voicing your disagreement. That’s your soap box. You make your disagreement publicly heard, and try to gather others who also disagree with the government. When you have enough people gathered together, it becomes a peaceful protest.
But when that doesn’t work, You vote for representatives that will be able to make decisions you agree with. The hope is that they’ll enact change for the better once they’re in office. Basically, get rid of the corrupt officials who are working against the public.
Third, if the government has enacted laws you disagree with (because you’re not being represented, and they have ignored your peaceful protests), then you move on to the jury box. Refuse to convict when you believe the justice system is unjust.
Lastly, if the government still refuses to change and is continuing to prosecute people for unjust laws (for instance, secret police bypassing the jury box by skipping a fair trial) then you move onto the ammo box as a form of protest. Because if the government has refused to allow for peaceful protest via the first three boxes, then that only leaves the fourth box.
As the government becomes more and more tyrannical, you start using more and more of your boxes. Hopefully you never need to reach for the fourth box.
That goes both ways, people can convict without evidence
There's a fail safe for this, a judge can override a juries guilty vote but not a ruling of innocence.
Still, not ideal because it comes down to one person not agreeing with the jury, but at least there is some protection
That goes both ways, people can convict without evidence
The guilty form of nullification is much weaker. A judge can overrule the jury. The case could be appealed.
In contrast, a non-guilty verdict is final, there is no way overturn it and there is no appeals.
so it’s tricky to nullify without purgery except for very very special cases.
Assuming you meant perjury, it is not tricky in the slightest. You vote your conscience and don't say something stupid like "I lied during voire dire, nyah ah ahhh!".
we want jury nullification to come from individual conclusions that this law does not apply despite the circumstances, and not because they know they can.
There is an ongoing shift towards fascism, and at least for now the courts still have power over whether or not people get to walk free.
So there is more to it than your letting on. We're gonna see cases of people who have done illegal things because the fascists in power decided to make existence defacto illegal for people.
An example of this is the bans on transgender people from using bathrooms other than their assigned sex. If I'm ever a juror on a case like that, I'm fucking voting not guilty, and everybody else should too.
It's also worth knowing how to do it, as it isn't exactly straightforward.
https://beyondcourts.org/sites/default/files/2022-07/Jury-Nullification-Toolkit-English_0.pdf
If make it known that you know about it, or you are intentionally doing it, you could face legal issues.
they can threaten you, but they cant force you to choose a verdict other than what the prosecutors want, which is choosing not-guilty in despite of the evidence.
this is in light of Luigi Mangione's recent court appearance isn't it?
Nope.
You should be applying this to all juries you serve on. Accept those summonses. Get on those juries and use your brains.