unintended consequences: Davis recall leads to US internal passports
Tim May
timcmay at got.net
Wed Sep 10 17:21:44 PDT 2003
On Wednesday, September 10, 2003, at 03:38 PM, Bill Stewart wrote:
>
> But if you're ignoring jury conscription notices at times that
> it's not seriously interfering with your business activities,
> you should go check out FIJA.org.
> Remember that under the common law, a juror has the power
> and responsibility to judge the law as well as the facts of the case,
> even though judges and clerks will generally tell you otherwise.
>
> This means that if somebody's on trial for prohibition violations,
> you can and should vote Not Guilty if you think Prohibition is a bad
> law.
> That's a large part of how the Fugitive Slave Laws got overturned,
> and helped with the demise of alcohol prohibition.
>
> Of course, if a court figures out that you understand this,
> and doesn't immediately decide that you're not their type of juror,
> they'll probably stick you on traffic accident cases or something
> where there's no moral principle of state-vs-citizen conflict,
> just a boring who-hit-whose-car kind of conflict.
>
How would they even know one's views on this thing you're talking about?
(I'm not sure I know the name of this thing you're talking about,
especially because I decided a long time ago not to carefully
investigate this thing you're talking about, and especially not to
carefully remember the name of this thing you're talking about, just so
that I could honestly shrug and say "No, I don't know what that thing
you're talking about is about.")
Also, my experience in 1973 with a jury trial (the last time I was
registered Republican, the last time I served on a jury) was that the
jurors were of course selected for a specific trial. I don't think your
model works, where they quiz the prospective jurors and then shunt the
un-PC off to traffic court. Basically, one doesn't have to answer _any_
questions until voir dire for the specific case has begun.
And then it's best to just play dumb about that thing you mentioned, or
find a reason to mention that thing you talked about if one's intent is
to be immediately drop-kicked out of the jury pool. (Which ends one's
involvement...there is no "stick you on traffic accident cases"
exception.)
But that thing you mentioned is curious...I seem to have forgotten
about it already.
--Tim May
""Guard with jealous attention the public liberty. Suspect everyone who
approaches that jewel. Unfortunately, nothing will preserve it but
downright force. Whenever you give up that force, you are ruined."
--Patrick Henry
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