Does this nullify Jury Nullification?

Discussion of principles relating to God's Law, Agency, Freedom, Liberty, the US constitution, and the Proper Role of Government.
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JerL
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Does this nullify Jury Nullification?

Postby JerL » Sun Aug 28, 2011 7:19 am

I am trying to understand what this is saying exactly.

Utah Code
Title 77
Utah Code of Criminal Procedure
Chapter 17
The Trial
Section 10

Court to determine law; the jury, the facts.
77-17-10. Court to determine law; the jury, the facts.
(1) In a jury trial, questions of law are to be determined by the court, questions of fact by the jury.
(2) The jury may find a general verdict which includes questions of law as well as fact but they are bound to follow the law as stated by the court.

Enacted by Chapter 15, 1980 General Session


I am a big believer in jury nullification. It is my firm belief that as a jury of fellow men and women, we have the final say on law. It is our duty to decide if laws are unconstitutional, unjust or unfairly applied.
The following is borrowed from ISIL or the International society for individual liberty.
"Jury nullification of law," as it is sometimes called, is a traditional right that was rigorously defended by America's Founding Fathers. Those great men, Patriots all, intended the jury to serve as a final safeguard – a test that laws must pass before gaining sufficient popular authority for enforcement. Thus the Constitution provides five separate tribunals with veto power – representatives, senate, executive, judges – and finally juries. Each enactment of law must pass all these hurdles before it gains the authority to punish those who may choose to violate it.

http://www.isil.org/resources/lit/history-jury-null.html

So my question is: does this section nullify or criminalize the jury's ability to decide the application of the law?
Speak the truth, even if your voice shakes.

There is no political solution to a spiritual problem. Rick Wiles

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moonwhim
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Re: Does this nullify Jury Nullification?

Postby moonwhim » Sun Aug 28, 2011 11:12 am

The Court says it determines the law, but your vote of not guilty can still overturn the law.
"Silence in the face of evil is itself evil. God will not hold us guiltless. Not to speak is to speak. Not to act is to act." - Dietrich Bonhoeffer

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JerL
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Re: Does this nullify Jury Nullification?

Postby JerL » Sun Aug 28, 2011 3:39 pm

I understand that. What I am wondering is, does this section of code try to get rid of jury nullification by making it seem illegal to make a judgment of the law itself.
Speak the truth, even if your voice shakes.

There is no political solution to a spiritual problem. Rick Wiles

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mes5464
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Re: Does this nullify Jury Nullification?

Postby mes5464 » Mon Aug 29, 2011 12:17 am

JerL wrote:I understand that. What I am wondering is, does this section of code try to get rid of jury nullification by making it seem illegal to make a judgment of the law itself.


I believe it is an attempt at getting rid of (even criminalizing) jury nullification.

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moonwhim
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Re: Does this nullify Jury Nullification?

Postby moonwhim » Mon Aug 29, 2011 12:42 am

mes5464 wrote:
JerL wrote:I understand that. What I am wondering is, does this section of code try to get rid of jury nullification by making it seem illegal to make a judgment of the law itself.


I believe it is an attempt at getting rid of (even criminalizing) jury nullification.


I agree, but it still does not prevent you from voting your conscience, I don't know how they can criminalize your vote unless they can get you to admit to what you are doing. But it can have a chilling affect on those who might be thinking of jury nullification, making them think it is an illegal act.
"Silence in the face of evil is itself evil. God will not hold us guiltless. Not to speak is to speak. Not to act is to act." - Dietrich Bonhoeffer

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JerL
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Re: Does this nullify Jury Nullification?

Postby JerL » Mon Aug 29, 2011 4:53 pm

So it seems to me that this law could preempt trying to use jury nullification as part of the defense. I think that most people are aware that they have the power of nullification. It seems to me that one would not even be able to broach the subject in court.

Thanks for your input.
Speak the truth, even if your voice shakes.

There is no political solution to a spiritual problem. Rick Wiles

JohnnyL
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Re: Does this nullify Jury Nullification?

Postby JohnnyL » Tue Aug 30, 2011 4:44 am

JerL wrote:So my question is: does this section nullify or criminalize the jury's ability to decide the application of the law?

Only if you follow it or admit it... ;)

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Re: Does this nullify Jury Nullification?

Postby ouchmytoe » Wed Oct 18, 2017 3:08 pm

I know this is an old post, but what effect would this statute have on distributing literature on jury nullification? Would that be suborning a crime?


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