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Full Version: Man charged after defending wife from rapist.
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http://www.nbcnewyork.com/news/local/NYC...wt_NYBrand



He was charged with manslaughter. The justice system is broken.
Pointing out the obvious here, but he didn't beat him while he was attacking the woman, he beat him after he had fled the scene and the wife was out of imminent danger of being raped. I don't blame the guy for doing it, but I do understand the difference.
I probably would have done the same thing.......

 

I don't think any jury in the world will convict him though.........

Quote:Pointing out the obvious here, but he didn't beat him while he was attacking the woman, he beat him after he had fled the scene and the wife was out of imminent danger of being raped. I don't blame the guy for doing it, but I do understand the difference.
 

Exactly.  This has to follow the course of the law.  Any State Attorney that brings this guy to trial over that would be toast.  My guess is that if charges aren't dropped, at most the charge will be plead down to a misdemeanor.
Quote:I don't think any jury in the world will convict him though.........
That's jury nullification and while not strictly illegal for juries to do so, it's very illegal to tell jury members about it. Even being on a jury while knowing what jury nullification is can lead to perjury charges. 
Quote:That's jury nullification and while not strictly illegal for juries to do so, it's very illegal to tell jury members about it. Even being on a jury while knowing what jury nullification is can lead to perjury charges. 
 

Jury nullification is not illegal and I tell everyone I can about it.

 

(May not be valid outside of the USA)

See? This is what the ax was made for..
Quote:See? This is what the ax was made for..
 

[Image: 660-wood-chipper-large.jpg]
Quote:[Image: 660-wood-chipper-large.jpg]


Normally I'd agree. But I imagine that every swing of ax would feel like heaven
Quote:Normally I'd agree. But I imagine that every swing of ax would feel like heaven
 

You my friend are a sick, sick individual.   :devil:
Quote:Normally I'd agree. But I imagine that every swing of ax would feel like heaven
 

Who says he has to go into the chipper in one piece?
Quote:Jury nullification is not illegal and I tell everyone I can about it.

 

(May not be valid outside of the USA)
Jury nullification is not illegal and you can tell anyone about it, indeed. Just not anyone on a jury. And when they are picking jury members if you lie about knowing about it then you're committing perjury and you can be persecuted. On the whole; if this doesn't get plea bargained he's not likely to get jury nullification. 
Quote:Jury nullification is not illegal and you can tell anyone about it, indeed. Just not anyone on a jury. And when they are picking jury members if you lie about knowing about it then you're committing perjury and you can be persecuted. On the whole; if this doesn't get plea bargained he's not likely to get jury nullification.


US case law states that jurors cannot be prosecuted for statements made during deliberations including those related to nullification. It can be cause for removal, but that is why they do pre-trial selection. Perjury for lying about nullification is about lying, not nullification, just like any other topic.
Quote:Pointing out the obvious here, but he didn't beat him while he was attacking the woman, he beat him after he had fled the scene and the wife was out of imminent danger of being raped. I don't blame the guy for doing it, but I do understand the difference.

Yeah.  I understand why he did it.  If someone tried to rape my wife or daughters, I'd probably do worse (and go to jail for it if I were caught).  I think the guy will probably end up getting probation.  
Quote:US case law states that jurors cannot be prosecuted for statements made during deliberations including those related to nullification. It can be cause for removal, but that is why they do pre-trial selection. Perjury for lying about nullification is about lying, not nullification, just like any other topic.
Aside from the deliberations part, nothing you said contradicts any of my claims; being on a jury while knowing what jury nullification is likely means you committed perjury. Try to tell jurors about nullification while not yourself a juror will likely result in a rather stern talking to from the judge and quite possibly being held in contempt when and if you continue as well as a mistrial being declared. If a judge finds out you intend to nullify you'll be removed from the jury and a mistrial will likely follow.

 

Jury nullification is nice for people who think they can decide how and why the law should be applied but there is a reason we have a judicial system. 
On the bright side, there's one less rapist in the world :yes:

Quote:On the bright side, there's one less rapist in the world :yes:
 

Yup.  Here's to hoping that "he get's his" in the "down bellow" area.
Quote:Even being on a jury while knowing what jury nullification is can lead to perjury charges. 
Err...no. Not here, anyway. You are under no obligation to volunteer knowledge of jury nullification, although most people who know of it happily drop that phrase during selection, as it's a guaranteed ticket off of the J-train. If you're specifically asked during the selection process and it can be proven after the fact that you lied, sure, you might face some challenges. That'd never happen, though. No prosecutor with half a brain would be so dumb as to use, "Do you believe in jury nullification?", as a disqualifying question. There is nothing criminal in the least about the practice of jury nullification. It exists as the check that private citizens have against the judicial branch.
Quote:Err...no. Not here, anyway. You are under no obligation to volunteer knowledge of jury nullification, although most people who know of it happily drop that phrase during selection, as it's a guaranteed ticket off of the J-train. If you're specifically asked during the selection process and it can be proven after the fact that you lied, sure, you might face some challenges. That'd never happen, though. No prosecutor with half a brain would be so dumb as to use, "Do you believe in jury nullification?", as a disqualifying question. There is nothing criminal in the least about the practice of jury nullification. It exists as the check that private citizens have against the judicial branch.
 

And boy, do those government pukes hate it.
Quote:[Image: 660-wood-chipper-large.jpg]
 

To demonstrate our sensitivity and humanity, we'll offer him a choice.............headfirst or feetfirst.
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