If they ban abortion, be a nullifying juror

[bluestateguy]

If your state bans abortion, the state will still have to get a jury conviction of a doctor or woman who gets an illegal abortion. That means 12 people will have to convict someone of the "crime" of abortion. If just one person refuses to convict under any circumstances, then the jury is hung. If this happens enough, eventually anti-abortion laws will become unenforceable. Jury nullification is democratic and indeed, is your duty as a citizen if you find a law to be unconstitutional.

[mattclearing]

1. Interesting thought. K&R, for sure. n/t

[htuttle]

2. FIJA is the citizen's friend

You can always vote your conscience, no matter WHAT the judge tells you.

[BR_Parkway]

4. FIJA? what's that?

[htuttle]

7. Originally, it was a movement for a 'Fully Informed Jury Amendment'

...which would have required that judges inform juries of their right to nullify on matters of conscience. However, judges often give juries misleading instructions, telling them they can only decide on one aspect of the case or another, without telling them of their right to vote on conscience.

Nowdays, FIJA is some sort of 'F.I.J. Association' instead, and I think it just tries to spread awareness of a citizen's right to jury nullification when serving on jury duty.

There was a lot of talk about it during the 80's in relation to drug laws.

[McCamy Taylor]

3. True, but the D&A can exclude if he even suspects you disagree.

Look for a lot of profiling, like have you ever given money to Planned Parenthood, been a member of NOW, had an abortion yourself, that kind of thing. Heaven help you if you vote "no" to convict and it turned out you lied about ever having an abortion yourself.

[Warpy]

5. There are a lot of laws I couldn't convict on

and that's certainly one of the biggest. I also couldn't vote for a conviction against a non violent drug abuser. Nor could I vote for any sort of conviction for prostitution or running a house of prostitution or call girl service. Nor could I vote for a conviction for any sort of sex involving two consenting adults.

I guess that's why I've never served on a jury.

[Lars39]

6. This administration is not above nullifying a jury's verdict.

There's a terrorism case where the guy was unanimously acquitted and HSA disagreed with the verdict,
and the guy is still sitting in a jail cell, waiting to be deported.