GA win for Jury Nullification

Discussion in 'GA Laws and Politics' started by Fallschirmjäger, Jul 18, 2018.

  1. Fallschirmjäger

    Fallschirmjäger I watch the watchers

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    A Strategy for Jury Nullification by Reason Magazine.
    On July 12, a jury in Laurens County, Georgia, found Bernard's client, Javonnie Mondrea McCoy, "not guilty" of the manufacture of marijuana and of possession of drug-related objects, despite his open admission that he had, in fact, grown the much-demonized plant. That follows on a similar victory last year in the case of Antonio Willis, who was lured into selling the equivalent of a few joints by an undercover cop. In both cases, Bernard emphasized the humanity of the defendants, of their roles as fallible, but decent people who didn't deserve to be ground up by the wheels of the penal system.

    Article 1, Section 1, Paragraph XI of the State Constitution (PDF) says that "the jury shall be the judges of the law and the facts."
    When Bernard (who is the Georgia contact for the Fully Informed Jury Association) read aloud this passage from the constitution in the courtroom, the judge cut her off, saying it was "not a correct statement of the law."

    I'm questioning how it cannot be a correct statement of the law when it's the exact words, in the exact same order as in the Georgia State Constitution.

     
  2. UtiPossidetis

    UtiPossidetis American

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    Because the judge doesn't like it and we have plenty of precedent for lawyers in black bathrobes making up "law" and of politicians passing "laws" that are clearly in conflict with either one or both of the Constitutions that are relevant to Georgians.
     

  3. moe mensale

    moe mensale Well-Known Member

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    She could have been held in contempt but how was the judge going to argue the quoted passage didn't really mean what it said? Good for her. :cheers:
     
  4. codegeek

    codegeek codegeek reincarnate

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    These are the same dudes and dudettes that see words that have meaning in black and white right in front of their faces, and then say the words don't mean what they say. Am I right?