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Old 05-23-2007, 12:16 AM
chezlaw chezlaw is offline
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Join Date: Jan 2004
Location: corridor of uncertainty
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Default Re: Reopening the Torture Debate

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But the system needs to have in place some sort of mechanism for invalidating that very law in cases like the one set forth by David

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So what's wrong with jury nullification as that mechanism? Pretending that a law can be written perfectly and to cover all situations is naive, and making people afraid to do what they feel they clearly must, and what vast chunks of the population feel that they must, is to put the actual words of the law above the reason that they were written.
Laws are written in an attempt to define protection from aggression of others (well they should be imo), finding a situation where a law is poorly written should lead to the immediate dismissal of the law in that situation.

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Letting it be known that you even know about jury nullification is a good way to not be on a jury.

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and this is a defect in the legal system that should be corrected not pandered to.

chez
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