• @[email protected]
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    737 days ago

    Jury nullification exists for this very reason.

    Did the shooter do something illegal? Yes

    But was it wrong? If I was on his jury, I’d acquit.

    • @[email protected]
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      137 days ago

      If I was the defense attorney, I think this would be the test case for instructing the jury on jury nullification (which will get you sanctioned at a minimum and probably disbarred if you’re the attorney that tries it). I think defendants ought to be entitled to instruct the jury about the possibility. I personally would never disclose that I believe in it during voir dire and also would never vote to convict on some crimes.

      • @[email protected]
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        27 days ago

        Historically it’s been used to forgive lynchings, so I’d be concerned that allowing jury instruction on it would cause more harm than good in this political climate.