• Maalus@lemmy.world
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    2 months ago

    You need to lie to the judge under oath to do it. There simply aren’t consequences, but it is very much illegal.

    • AwesomeLowlander@sh.itjust.worksOP
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      2 months ago

      Wrong. They try to filter out people who know about jury nullification, but the act itself is not illegal, as you do not have to have the knowledge to accidentally do it anyway.

      • Gregor@gregtech.eu
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        2 months ago

        That seems pretty unfair to filter out people who know about it, it’s basically filtering knowledgeable people.

      • helloworld55@lemm.ee
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        2 months ago

        Just to be clear, one of the standard questions to ask a potential jury is “you must be able to render a verdict solely on the evidence presented at the trial and in the context of the law as I will give it to you in my instructions, disregarding any other ideas, notions, or beliefs about the law. Are you able to do this?”

        If you know about jury nullification, with the intent of using it, then you need to lie under oath to get past this question.

        The question was taken from the New Mexico US courts

        • Malfeasant@lemm.ee
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          2 months ago

          Are you able to do this?

          Ahead of time, I could answer truthfully that I am able. I don’t have to say “but when the time comes, I may choose not to for any reason”

          • helloworld55@lemm.ee
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            2 months ago

            I mean that may be “the truth”, but it is purposely not “the whole truth”. Which is a violation of the oath. The only way jury nullification is allowed is if a jury independently decides not to convict, because then jury is unbiased in deciding that the law is wrong or shouldn’t apply.

            Again, if you are selected for jury duty, and you already have decided you will ignore the law to avoid convicting the criminal, then there is no way you can make it past the selection without lying to the court.

            • lad@programming.dev
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              2 months ago

              I think then talks about jury nullification may be changed in such a way that no legal matter is discussed, but a jury is still inclined to act such that nullification happens, and that will be in accordance to the phrasing of the oath

    • xapr [he/him]@lemmy.sdf.org
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      2 months ago

      I was a juror in two different trials and don’t recall ever being asked about my beliefs on jury nullification. It’s been many years though.

      Edit: it seems like I was wrong. Supposedly, jury nullification is not legal in my US state.

      Edit 2: perhaps it’s still not completely settled in my state yet?

    • helloworld55@lemm.ee
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      2 months ago

      Why are people downvoting this? Jury nullification itself isn’t illegal, but committing perjury definitely is, which is what Maalus is pointing out