• Captain Aggravated@sh.itjust.works
    link
    fedilink
    English
    arrow-up
    6
    ·
    5 days ago

    In practice, sort of. It’s a symptom or side effect of two other really good ideas:

    • A jury cannot be in any way punished for any verdict they reach.

    • One cannot be tried for the same offense twice if it is acquitted. Technical term for this is “double jeopardy.” A guilty verdict can be appealed but a not guilty verdict is absolutely final.

    The shapes of these two principles are such that they cannot interlock in any way that does not leave room for jury nullification.

      • Captain Aggravated@sh.itjust.works
        link
        fedilink
        English
        arrow-up
        5
        ·
        5 days ago

        I would love to make this into some viral tiktok craze or something. Because…

        The powers that be don’t want it to exist. Because we’ve got a whole system of legislatures and executives and judges to bicker about what the laws actually are but because the jury has to be the final say and we can’t allow double jeopardy, it all comes down to twelve random citizens on a case by case basis.

        Wouldn’t it be fun to live in a world where every last person understands this and it’s not a question they can disqualify on?