Fully Informed Jury Association

American Jury Institute

Archive for the Tag 'jurors’ rights'

Function of Juries &Jury Nullification | 27 May 2014

-Supreme Court Upholds Prohibition on Double Jeopardy

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Last week the Fifth Circuit Court of Appeals overturned a Guilty verdict a judge had directed jurors to deliver. We have more good news today for the future of the jury and their power of jury nullification. This morning the United States Supreme Court reaffirmed in no uncertain terms in its ruling in Martinez v. [...]

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Function of Juries &Jury Nullification &Myths and Misconceptions | 27 May 2014

-Jury Myths and Misconceptions: Once Deliberations Begin, Can a Juror Be Removed?

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This is the first in a recurring series of responses to myths, misconceptions, and misstatements about jury issues, including jury nullification. There are no lawyers on FIJA’s staff or board of directors, and FIJA does not provide legal advice. These observations are provided for educational purposes and do not in any way constitute legal advice. [...]

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Function of Juries &History of Jury Nullification &Jurors Doing Justice &Jury Nullification | 20 May 2014

-Anniversary of Jury Nullification in Camden 28 Trial

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What do you do when a child’s on fire? We saw children on fire. What, what do you do when a child’s on fire in a war that was a mistake? What do you do? Like write a letter? With these words from Father Michael Doyle, the award-winning documentary film by Anthony Giacchino entitled The [...]

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Function of Juries &Jury Nullification | 19 May 2014

-Texas Man Faces Life in Prison for Baking Brownies

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In their ever tougher job of putting peaceful people behind bars for victimless offenses, prosecutors are now relying on artificially inflating the severity of marijuana offenses by fictionally magnifying the amount of the substance allegedly involved in the offense. Consider the case of Jacob Lavoro, whose prosecution was bumped from misdemeanor level to felony level—putting [...]

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Function of Juries &Jury Nullification | 19 May 2014

-Right to Trial by Jury Is Undermined by Incarceration During Appeal

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This morning Judge Ronald Zweibel sentenced Cecily McMillan, convicted of assaulting a police officer when she instinctively defended herself against her breast being grabbed, to 3 months incarceration. Occupy Wall Street Protester Cecily McMillan Sentenced To Three Months In Jail A New York City judge sentenced Occupy Wall Street protester Cecily McMillan on Monday to [...]

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Function of Juries &Jury Nullification | 17 May 2014

-Fifth Circuit Re-Affirms Jury Nullification

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Thanks to Eapen Thampy of Americans for Forfeiture Reform for this piece of good news out of the Fifth Circuit Court of Appeals earlier this month. Without mentioning it by name, the Fifth Circuit has in effect re-affirmed jurors’ right to judge the law as well as the facts of the case and to exercise [...]

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Function of Juries &Jury Nullification | 16 May 2014

-3 Examples of Jurors Regretting Guilty Verdicts

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In the last couple of weeks we have seen jurors express shock about relevant information withheld from them and regret over their verdicts in the cases of Cecily McMillan and Troy Ellis. Often such regrets result from pertinent information being withheld from the jury, or from a frustrated member of the jury compromising or throwing [...]

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Function of Juries &Jury Nullification | 12 May 2014

-Judge ‘Edits’ Case Heard by Jury

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There has been much outcry over the conviction and imprisonment of Occupy activist Cecily McMillan, including a letter from 9 out of 12 of her jurors themselves begging the judge not to include any incarceration in her sentence. Given that he currently has her locked up at Rikers Island before she has even been sentenced, [...]

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Function of Juries &Jury Nullification | 12 May 2014

-The Compartmentalization of Injustice

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This is a follow-up to a post some weeks ago in which we shared with you the thoughts of a grand juror on the psychology that leads so many people toward injustice. Here are some more of her observations. The Compartmentalization of Injustice When I was on grand jury duty we were told again and [...]

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Function of Juries &Jury Nullification | 09 May 2014

-Jurors Beg Judge Not To Send OWS Protester To Prison

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Thanks to Dawn Peterson-Smith and Steve Silverman for these articles on the Cecily McMillan conviction we reported on earlier this week. Upon returning to the real world after being relatively isolated during the four-week trial, several jurors expressed their shock over the possibility that the person they just convicted could go to jail for as [...]

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Function of Juries &Jury Nullification | 08 May 2014

-Norm Pattis: One Trial Is Enough

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In criminal cases where a jury unanimously finds the defendant is Not Guilty, the process is over with the government having no right to appeal the acquittal. But when juries are split, it is a different matter. Whether the Not Guilty vote is maintained by a lone, holdout juror, or whether the majority voted for [...]

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Function of Juries &Jury Nullification | 07 May 2014

-Acquittal Now Protects Against Asset Forfeiture in Minnesota

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Just days ago, we brought you news of the case of Brainerd, Minnesota resident Adam Bush, unanimously acquitted of burglary charges. In spite of this unanimous judgment by the jury, the judge in the case ruled that the state would still keep his property that had been seized. That may have been one of the [...]

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Function of Juries &Jury Nullification | 07 May 2014

-Occupy Trial Jurors Express Shock and Remorse Over Verdict

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The four-week trial of Occupy activist Cecily McMillan wrapped up this week, with the jury delivering a verdict of Guilty on a charge of felony assault on a police officer. According to supporters and the defendant, Cecily was herself attacked by the police officer and reacted instinctively to protect herself from a sexual assault: “Seized [...]

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Function of Juries &Jury Nullification | 06 May 2014

-Jury Trials are Necessary even in Misdemeanor Cases

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We recently brought you news of the Arizona Appeals Court ruling that many misdemeanor charges are jury trial-worthy. That’s some good news, but it is nowhere near the level of protection that we are supposedly guaranteed under the Sixth Amendment to the United States Constitution: In all criminal prosecutions, the accused shall enjoy the right [...]

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Jury Nullification &Volunteer | 06 May 2014

-Support FIJA Through Give Local America

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Today FIJA is participating in the Give Local America day of giving, and we would appreciate your support! Give Local America is a national day of giving working to make history as the single largest online giving day. As part of our spring fundraising campaign, and as an outreach activity to new potential constituents, FIJA [...]

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