Re:Snowden appeals to 15 countries for political asylum
by ics on Monday July 01, 2013 @05:27PM
(#5973684)
Right, but there are still some sticky issues surrounding nullification.
"This so-called right of jury nullification is put forward in the name of liberty and democracy, but its explicit avowal risks the ultimate logic of anarchy."
See: http://law2.umkc.edu/faculty/projects/ftrials/juryseminar/US... http://caselaw.findlaw.com/us-2nd-circuit/1382192.html
Essentially, while jury nullification does exist and should be upheld it is critical that jurors are aware of it beforehand or may be otherwise informed.
Re:Snowden appeals to 15 countries for political asylum
by cpleppert on Monday July 01, 2013 @07:28PM
(#5974436)
This just doesn't come up in most high profile cases. The government will strike any juror who is a threat to use nullification.
Re:Snowden appeals to 15 countries for political asylum
by dmix on Monday July 01, 2013 @05:01PM
(#5973532)
Espionage is tried with juries? Source?
Re:Snowden appeals to 15 countries for political asylum
by tptacek on Monday July 01, 2013 @05:14PM
(#5973597)
What source would you need for that? The 6th Amendment guarantees trial by jury.
Re:Snowden appeals to 15 countries for political asylum
by dmix on Monday July 01, 2013 @06:04PM
(#5973880)
Fair enough. I had assumed military trials may be treated differently as Manning's trial didn't have a jury. But it turns out he declined a jury with this reasoning:
> "The answer may be that a tough judge is still a better option than a military jury picked from a pool of serving soldiers that widely considers Manning to be a traitor. "
http://www.telegraph.co.uk/news/worldnews/wikileaks/9901659/...
Re:Snowden appeals to 15 countries for political asylum
by tptacek on Monday July 01, 2013 @07:43PM
(#5974543)
Yes, Manning is being tried under the UCMJ, but would have had a jury available to him there as well. However: Snowden is a civilian. He can't be tried in a military court (absent his joining the armed forces of some organization we're war with).
http://en.wikipedia.org/wiki/Jury_nullification