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jury nullification. It comes to us from British common law; it says that if a juror thinks the law is bad, even if the defendant is guilty, he should vote for acquittal.
There's a nice lady in Colorado who served a lot of time for "contempt of court" because she wouldn't convict in a drug case, and she said so. I know that it went to the supreme court [CO] who ruled in her favor - but bailiffs, clerks, attorneys, judges, all of them refuse to allow jurors to use this power. It can get you thrown in jail even during jury selection if you say you are in favor of it.
This is one of those things that I can hardly talk about because it makes me so.....insert adjective of your choice here. grrrrr.
The way he explained it, the police had a standing reward for informants. This guy was not an employee but someone with a history of taking advantage of the reward. This came out in cross examination. Also, the defense pointed out that a percentage of the drugs went unaccounted for while in police custody. My friend also mentioned he was unclear on the specifics b/c he was not allowed to ask questions. It was up to the two sides to question witnesses; his job was to watch and decide matters of fact.
He felt so bad about it that he got upset when he heard sounds similar to those on the records the informant used. He's a very easy-going, upstanding guy. He was not an ideologue and never believed in decriminalization of drugs, but this experience made him think the way they enforce the drug laws is wrong.
Since your comment was sent to me I assume that it's supposed to have some meaning for me. I regret to say that such a perverse sentence has no meaning, so if you're trying to communicate something, it needs to be written in some sort of complete sentence in English .
Fred Speckmann
situation. . Thank You, K, for posting this! -- j
"Pransky found a "pattern of officer misconduct in an effort to boost arrest totals." In one case, a man repeatedly texted that he emphatically did not want to have sex with the 13-year-old sister his date would be bringing along. But "after hundreds of text messages the man agreed to have sex with both females, and was arrested upon arrival."
One could argue that the decision to engage in sex with a 13 year old was entrapment, but we should consider the decision as one made on free will whether being enticed by the police or not.
Would we think of the enticement to commit murder and then actually committing said murder to be excusable under the concept of entrapment. I doubt it.
Fred Speckmann
It appears legislation is required to protect us from cops without a conscience.