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This topic in Society & Rights is about Jury Nullification.

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Old Apr 10, 2007, 04:06 pm   #21 (permalink) (top)
brien
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Location: Connecticut
Posts: 5,691
Here is what I find for Connecticut and for other states. Hope it helps.

CURRENT CONSTITUTIONAL AUTHORITY FOR JURY NULLIFICATION The Constitutions of Maryland (Art


Quote:
CURRENT CONSTITUTIONAL AUTHORITY FOR JURY NULLIFICATION

The Constitutions of Maryland (Art. XXIII, entire), Indiana (Art. I, sec. 19), Oregon
(Art. I, sec. 16), and Georgia (Art. I sec. 1, para. 11, subsec. A), currently have
provisions guaranteeing the right of jurors to "judge the law"; that is, to nullify the
law.

For example, the Georgia Constitution says: "In criminal cases, the defendant shall
have a public and speedy trial...and the jury shall be the judges of the law and the
facts."

Although these provisions have not been strong enough to withstand decades of
hostile judicial interpretation, and have relatively little current impact, they do
remain "on the books". Attorneys reportedly are able to argue the law in Indiana.

Twenty-three states currently include jury nullification provisions in their
Constitutions under their sections on freedom of speech, specifically with respect
to libel and sedition cases
:

Alabama (Art.I, Sec. 12); Colorado (Art.II, sec. 10); Connecticut (Art. First, sec. 7);
Delaware (Art. I, sec. 5); Georgia (Art. I, sec. II, Para. 1); Kentucky (Bill of Rights, sec.
9); Louisiana (Art. XIV, sec. 9); Maine (Art. I, sec. 4); Mississippi (Art. 3, sec. 13);
Missouri (Art. 1, sec. 8); Montana (Art. II, sec. 7); New Jersey (Art. I, sec. 6); New York
(Art. I, sec. 8); North Dakota (Art. I, sec. 4); Oregon (Art. I, sec. 16); Pennsylvania (Art.
I, sec. 7); South Carolina (Art. II, sec. 21); South Dakota (Art. VI, sec. 5); Tennessee
(Art. I, sec. 19); Texas (Art. I, sec. 8); Utah (Art. I, sec. 15); Wisconsin (Art. I, sec. 3);
Wyoming (Art. I, sec. 20).

Of these, Texas, Delaware, Kentucky, North Dakota, and Tennessee say that the
jury is the judge of the law in libel and sedition cases, "as in all other cases."

Source: Alan W. Scheflin, "Jury Nullification: the Right to Say No", Southern California

Fully Informed Jury Association

WIth regard to the 2nd Amendment

BEYOND THE SECOND AMENDMENT: AN INDIVIDUAL RIGHT TO ARMS VIEWED THROUGH THE NINTH AMENDMENT


Brien the Iceberg

If you tell the truth you don't have to remember anything. M.T.
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Old Apr 10, 2007, 05:58 pm   #22 (permalink) (top)
Keith Hamburger
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Location: Colorado Springs, CO
Posts: 1,609
Quote:
Quote by: brien View Post
Here is what I find for Connecticut and for other states. Hope it helps.

CURRENT CONSTITUTIONAL AUTHORITY FOR JURY NULLIFICATION The Constitutions of Maryland (Art
Once again, thank you. I stand corrected. Colorado has much the same provision as Wisconson. I have skimmed through the Colorado Constitution but not read it in detail. Unlike the US Constitution it is very long.

I appreciate the information.

Keith


The great thread killer.
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Old Apr 11, 2007, 04:16 pm   #23 (permalink) (top)
Osborn F Enready
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Location: Toledo, Ohio
Posts: 13,873
Ditto here Brien.

Thanks for information, and link.


Petition of Redress of Grievances:
http://www.givemeliberty.org/default.htm

Canadian Lawsuit Against Their National Banks:
http://www.freewebs.com/classaction/


Osborn F. Enready
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