Monday, January 26, 2015

Why does a jury have to decide by the law and are not permitted to judge the law itself. ~ "Best Answer" on AVVO.com ~ Call Michael A. Haber, Esq. @ **ARRESTED

Q:     Why does a jury have to decide by the law and not be allowed to judge the law itself.  Why does a jury have to decide by the law and not be allowed to judge the law itself.  Is that not one if of the checks and balances our forefathers put in place?




A:     Chosen as "Best Answer" by Asker.

Michael Adam Haber

PRO



Contributor Level 20


Best Answer
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Answered They can. It's called "jury nullification". The Judge won't tell them about it, and the lawyers are prohibited from discussing it, but we are not in a court room so here you go... everything you ever wanted to know about this precious "check and balance" can be found at the following link... 

SEE ( / check out): https://www.blogger.com/blogger.g?blogID=6354157416821462604#editor/target=post;postID=1474714978056232960;onPublishedMenu=allposts;onClosedMenu=allposts;postNum=1;src=postname

If you read the article you will see just how badly the government - the prosecution - does NOT want you to know about jury nullification.  The feds went so far as to arrest a senior citizen for handing out jury nullification pamphlets in NYC and charged him with a federal crime (jury tampering). Fortunately the Judge dismissed the case but still, the government really, really really likes the deck stacked in their favor whereas we defense lawyers encourage the jury to understand, and to wield, its power... when appropriate (it's not always appropriate and, generally, the jury should follow the law as the Judge instructs).
You might also look at https://www.facebook.com/groups/FIJAFlorida/ - a Facebook activist group called the "Fully Informed Jury Association of Florida". Those folks, like the senior citizen in NYC referenced above, take their jury nullification quite seriously. 
I hope this answers your question.
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Since 1991 Michael A. Haber, P.A. has been creatively, effectively and zealously representing clients, both juvenile and adult, in both State and Federal Courts, in criminal cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.

At Michael A. Haber, P.A. "Its all about reasonable doubt"! 









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