Which pro would be best and worst for the DOJ to arrest

[JayA]

Convict them of what?

[Botchman]

[ QUOTE ]
[ QUOTE ]
I don't wish that they get arrested , but you don't know what the hell you're talking about.

[/ QUOTE ]

I can't believe I'm gonna play this card, but one of us has a law degree, and it's not you.

[ QUOTE ]
There is a "chance" they go to jail yes. Do you really think they'd be able to find a jury to convict them??

[/ QUOTE ]

yes. easily.

[/ QUOTE ]
And you're supposed to have a law degree? Have you actually ever put it to use or is it just something you got to hang on your wall??

[adanthar]

[ QUOTE ]
Convict them of what?

[/ QUOTE ]

we're debating what happens if a pro is indicted, correct? if a pro is indicted, the DOJ thinks they have enough evidence to convict on any one of a very broad range of charges. *if* it happens I would not bet on an acquittal on any given charge they choose to try that person on.

[adanthar]

[ QUOTE ]

And you're supposed to have a law degree? Have you actually ever put it to use or is it just something you got to hang on your wall??

[/ QUOTE ]

you are right sir, jury nullification is an active and regular part of our judicial system that happens all the time.

wait, no it doesn't.

http://cannabisnews.com/news/15/thread15352.shtml

[JayA]

What charges though? What are they doing wrong by playing online poker?

[schroedy]

[ QUOTE ]
[ QUOTE ]
Convict them of what?

[/ QUOTE ]

we're debating what happens if a pro is indicted, correct? if a pro is indicted, the DOJ thinks they have enough evidence to convict on any one of a very broad range of charges. *if* it happens I would not bet on an acquittal on any given charge they choose to try that person on.

[/ QUOTE ]

You are aware, I presume, of polls that indicate that nearly 80% of the public believe that online gambling should be legal.

P.S. -- Don't play the law degree card on me, because it'll just be a chop.

[adanthar]

cool, so you're aware of the going rate of jury nullifications lately, yes? which one do you think is more sympathetic here, the online gambler or medicinal pot grower?

[Botchman]

[ QUOTE ]
[ QUOTE ]

And you're supposed to have a law degree? Have you actually ever put it to use or is it just something you got to hang on your wall??

[/ QUOTE ]

you are right sir, jury nullification is an active and regular part of our judicial system that happens all the time.

wait, no it doesn't.

http://cannabisnews.com/news/15/thread15352.shtml

[/ QUOTE ]

Jury nullification is just "usually" the last hope, I believe a pros lawyer would be able to get the charge thrown out before it comes to that, I was just using the jury example becasue I believe if it comes to that in a case like this a jury wouldn't convict.


Note how I put "usually" in brackets, I found an interesting article about the link you provided.

http://www.green-aid.com/LAT0605.htm

[Botchman]

[ QUOTE ]
cool, so you're aware of the going rate of jury nullifications lately, yes? which one do you think is more sympathetic here, the online gambler or medicinal pot grower?

[/ QUOTE ]
He wasn't even allowed to present the evidence that it was for medicinal use, and 8 of the jurors said they would'nt have convicted had they known that. Get your facts straight there.

[adanthar]

actually, the followup to that case is that the verdict thrown out (a juror asked his attorney friend about medical marijuana during deliberations) as was the sentencing. therefore, he's probably getting a new trial, at which he'll likely be convicted again and sentenced to more than one day.

the point is, that was as sympathetic a defendant as you will ever find, and "the last hope" does not begin to cover how futile that idea is. prosecutors devote a very large amount of time to weeding people that even know what it means out of the juror pool.