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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Making up the law | 307 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Making up the law
Authored by: Anonymous on Wednesday, September 05 2012 @ 04:38 PM EDT
I think this is *precisely* where this jury's verdict is going to fail.

It actually goes along the path of jury nullification - the jury has the right
(however much it pains the Powers that Be) to refuse enforcement of an existing
law.

HOWEVER - the jury DOES NOT have the right to impose new law of their own
making. This would be, by its very nature, "ex post facto" law; and a
violation of the defendants rights.

The jury could decide not to follow the law as explained to them, but they're
not free to replace it with a new standard.

[ Reply to This | Parent | # ]

  • Making up the law - Authored by: Anonymous on Thursday, September 06 2012 @ 04:10 PM EDT
    • Whoa - Authored by: Anonymous on Thursday, September 06 2012 @ 06:09 PM EDT
    • Making up the law - Authored by: PJ on Thursday, September 06 2012 @ 06:16 PM EDT
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