The 6th Amendment guarantees the accused the right to a trial by a jury of their peers.
The flip side of that amendment is that the 6th Amendment creates an individual duty to decide the innocence or guilt of an individual. The juror’s power to render such a decision, and the jury’s power to return a verdict are constitutionally-derived powers.
Where there is a conflict between a constitutional power and a legislated law, the constitution always supersedes. The juror is constitutionally obligated to apply their own sense of rationality in determining whether to convict or acquit. Where strictly applying legislated law would be unjust and/or absurd, the jurors are the only people with a direct, constitutional power to prevent that injustice.
Jurors are often asked “Do you have any belief that might prevent you from making a decision solely on the basis of the law?”. The constitution is law. A belief based on the constitution is a belief based on the law.
Just to piggyback off of this: trial-by-jury in the US is nearly nonexistent now. Less than 10% of arrests lead to a jury trial. Most go to a plea bargain.
The state no longer has to convince 12 of your peers that you’re guilty beyond a reasonable doubt. They just need to convince you that you’ll suffer more if you maintain innocence than if you accept guilt.
I’m replying to every other comment it seems but I’m serious about this topic and I have personal experiences on both sides of the law. I’ve been summoned for jury duty twice, pled guilty or no contest to four crimes. I’ve also given victim testimony in court.
One time I barely got out of jury duty, good for me because my workplace would have been run by idiots if I were gone and great for my bosses because the place would have been run by idiots if I were gone.
The other time is the reason I responded. I sat in a room full of regular ass white people and one loudmouth that couldn’t shut the fuck up. We sat in that room and listened to the idiot say untrue shit about many things. I really only remember him claiming “I don’t give a damn” in Gone With the Wind was the first time anyone said a no no word on camera. What a jackass.
So after sitting there, backs to the door, the pigs and lawyer pig come in. They say we got him, we just brought him by and had him look in the window and said these are the people who are going to convict you if you don’t take the deal.
Best explanation of the power behind it I’ve ever seen. We need to add it to the poster I’m thinking of. Do you know anyone or an org in Manhattan we could get to post papers supporting Luigi for in self defense or in defense of others? I’d like to do a QR code to a site explaining jury nullification, why you can’t talk about it, and now that it’s your constitutional right and you can do it without lying to a judge.
The 6th Amendment guarantees the accused the right to a trial by a jury of their peers.
The flip side of that amendment is that the 6th Amendment creates an individual duty to decide the innocence or guilt of an individual. The juror’s power to render such a decision, and the jury’s power to return a verdict are constitutionally-derived powers.
Where there is a conflict between a constitutional power and a legislated law, the constitution always supersedes. The juror is constitutionally obligated to apply their own sense of rationality in determining whether to convict or acquit. Where strictly applying legislated law would be unjust and/or absurd, the jurors are the only people with a direct, constitutional power to prevent that injustice.
Jurors are often asked “Do you have any belief that might prevent you from making a decision solely on the basis of the law?”. The constitution is law. A belief based on the constitution is a belief based on the law.
Just to piggyback off of this: trial-by-jury in the US is nearly nonexistent now. Less than 10% of arrests lead to a jury trial. Most go to a plea bargain.
The state no longer has to convince 12 of your peers that you’re guilty beyond a reasonable doubt. They just need to convince you that you’ll suffer more if you maintain innocence than if you accept guilt.
I’m replying to every other comment it seems but I’m serious about this topic and I have personal experiences on both sides of the law. I’ve been summoned for jury duty twice, pled guilty or no contest to four crimes. I’ve also given victim testimony in court.
One time I barely got out of jury duty, good for me because my workplace would have been run by idiots if I were gone and great for my bosses because the place would have been run by idiots if I were gone.
The other time is the reason I responded. I sat in a room full of regular ass white people and one loudmouth that couldn’t shut the fuck up. We sat in that room and listened to the idiot say untrue shit about many things. I really only remember him claiming “I don’t give a damn” in Gone With the Wind was the first time anyone said a no no word on camera. What a jackass.
So after sitting there, backs to the door, the pigs and lawyer pig come in. They say we got him, we just brought him by and had him look in the window and said these are the people who are going to convict you if you don’t take the deal.
Fucking disgusting.
Best explanation of the power behind it I’ve ever seen. We need to add it to the poster I’m thinking of. Do you know anyone or an org in Manhattan we could get to post papers supporting Luigi for in self defense or in defense of others? I’d like to do a QR code to a site explaining jury nullification, why you can’t talk about it, and now that it’s your constitutional right and you can do it without lying to a judge.
Just one clarification: It is a “power” and not a “right”. Jury service is a duty; an obligation to the accused that cannot be met by the government.
the fcc has derived powers
the faa has derived powers
the sec has derived powers
What constitutionally derived powers do those executive agencies have in a judicial action?