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	<title>Comments on: High court strikes down gun ban</title>
	<atom:link href="http://www.davejustus.com/2008/06/26/high-court-strikes-down-gun-ban/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.davejustus.com/2008/06/26/high-court-strikes-down-gun-ban/</link>
	<description>None Sine Causa</description>
	<pubDate>Wed, 07 Jan 2009 19:55:35 +0000</pubDate>
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		<title>By: Gib</title>
		<link>http://www.davejustus.com/2008/06/26/high-court-strikes-down-gun-ban/#comment-669558</link>
		<dc:creator>Gib</dc:creator>
		<pubDate>Fri, 27 Jun 2008 13:09:28 +0000</pubDate>
		<guid isPermaLink="false">http://www.davejustus.com/?p=3183#comment-669558</guid>
		<description>Jury nullification won't help invalidate a law.  For every defendant who takes a case to jury trial on a particular law, there may be (and likely are) dozens of defendants who will plead guilty or be found guilty by judges and juries who won't nullify.  Also, if you're the only one nullifying, you won't get the defendant off, you'll just force a mistrial, which doesn't mean the defendant walks.  

Also, defense lawyers don't like to hang their hats on nullification - they will almost never present a defense that basically concedes the defendant did the act but the law prohibiting said act is wrong. (I say almost because I presume someone somewhere has done it, although I've personally never seen or heard about it, and I've been a prosecutor for a decade)  Defense lawyers will offer a defense of some kind, even if they don't call witnesses of their own.  (The defense will come out when cross-examining the state's witnesses.)  If the defendant is acquitted, the acquittal will appear as though the defense was given sufficient credibility to create reasonable doubt, and not as any blow against whatever law the defendant was charged with breaking.</description>
		<content:encoded><![CDATA[<p>Jury nullification won&#8217;t help invalidate a law.  For every defendant who takes a case to jury trial on a particular law, there may be (and likely are) dozens of defendants who will plead guilty or be found guilty by judges and juries who won&#8217;t nullify.  Also, if you&#8217;re the only one nullifying, you won&#8217;t get the defendant off, you&#8217;ll just force a mistrial, which doesn&#8217;t mean the defendant walks.  </p>
<p>Also, defense lawyers don&#8217;t like to hang their hats on nullification - they will almost never present a defense that basically concedes the defendant did the act but the law prohibiting said act is wrong. (I say almost because I presume someone somewhere has done it, although I&#8217;ve personally never seen or heard about it, and I&#8217;ve been a prosecutor for a decade)  Defense lawyers will offer a defense of some kind, even if they don&#8217;t call witnesses of their own.  (The defense will come out when cross-examining the state&#8217;s witnesses.)  If the defendant is acquitted, the acquittal will appear as though the defense was given sufficient credibility to create reasonable doubt, and not as any blow against whatever law the defendant was charged with breaking.</p>
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		<title>By: curtismo</title>
		<link>http://www.davejustus.com/2008/06/26/high-court-strikes-down-gun-ban/#comment-668935</link>
		<dc:creator>curtismo</dc:creator>
		<pubDate>Fri, 27 Jun 2008 04:17:06 +0000</pubDate>
		<guid isPermaLink="false">http://www.davejustus.com/?p=3183#comment-668935</guid>
		<description>two words jury nullification , if you dont like a law ,or don't believe in the case you are sitting thru jury duty on ,vote not guilty, this is your greatest power and you do not have to explain yourself to no one for the way you vote</description>
		<content:encoded><![CDATA[<p>two words jury nullification , if you dont like a law ,or don&#8217;t believe in the case you are sitting thru jury duty on ,vote not guilty, this is your greatest power and you do not have to explain yourself to no one for the way you vote</p>
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