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Sheriff cleared of felony for upholding the 2nd Amendment

Discussion in 'Legal & Political Archive' started by Jabba, Oct 31, 2013.

  1. Jabba

    Jabba Oregon Member

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  2. cookie

    cookie THE SOCIALIST STATE OF KALI - FORNIA Well-Known Member

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    Study up on jury nullification. Most juries are ignorant.
     
    chemist, GOG, rur862 and 3 others like this.
  3. BoonDocks36

    BoonDocks36 Oregon, in the boondocks Christian. Conservative. Male.

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    I do not think Jury nulification had anything to do with this.

    I think the Sherriff had made a valid choice, that defense was put forward, and the decision to aquit correct

    philip
     
    Dunerunner and (deleted member) like this.
  4. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    First line of the story:
    But, then it also says:
    So, was it "jury nullification" or "not guilty as charged"?
     
  5. Jabba

    Jabba Oregon Member

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    Jury nullification is basically the jury saying "the facts say he broke the law, but we think the law sucks, so we say not guilty." A lawyer will never be able to mention it in front of them, a judge won't allow it, so most have no idea they have the power, although it's a natural outcome of a universally unpopular law. It doesn't appear that is the case here, they just didn't buy the BS charge the sheriff was up against. If the jury does say they are nullifying the law, it will probably get the case a mistrial, as technically the jury can only decide the facts of the case, and nullification oversteps their bounds, but it is not illegal.
     
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  6. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    As I understand it the jury nullification is legal and valid in court.

    http://www.straightdope.com/columns/read/2899/whats-the-story-on-jury-nullification


    Deen
    NRA Life Member, Benefactor Level
    Defender of Freedom Award
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    "A gun is like a parachute. If you need one and don't have it, you'll probably never need one again!"
     
  7. Dunerunner

    Dunerunner You'll Never Know Well-Known Member

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    My kind of Sheriff!! The country needs more of them defying the unconstitutional gun laws passed by State Legislatures!!
     
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  8. BigStick

    BigStick Sherwood, OR Well-Known Member

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    Jury nullification is legal, but it is possible that based on the facts in this case it was unnecessary.

    From what I read, the reason he got charged was because they were saying he tried to cover it up, and that was the crime. But he was apparently very clear all along what he was doing and why, and then some other complications came into play.

    Either way, it is a win for common sense and freedom.
     
  9. U201491

    U201491 Well-Known Member

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    :thumbup::thumbup::thumbup::thumbup::thumbup::D:D:):)
     
  10. chemist

    chemist Beaverton OR Well-Known Member

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    Regardless of the particulars in this case, here in Oregon our State Constitution explicitly empowers every jury - criminal and civil - with the right to decide not just on the facts of the case, but also on the law of the case.

    | Fully Informed Jury Association

    Oregon is one of only four states to enshrine this right in its constitution, although none of the others expressly forbids it.