12 August 2008

Is the Juror or the Judge Right?

The juror and the judge differed on a constitutional interpretation. The judge, by virtue of the power vested in his position, won. The question remains, in a debate over the law and constitution, without far reaching precedent to predetermine the answer, who would win the argument? After all, imagine that you were handed a copy of the federal constitution and asked to justify a federal law against drug distribution. Would your first answer be that it was valid because it affects commerce? Honestly?

Of course, the commentary descends into an argument over the wonderfulness of jury nullification which I've addressed over at CLTV here.

1 comment:

Anonymous said...

Well the juror had a valid point. And I don't think it was legal to kick him off of the jury. The moral of this story is just to vote not guilty and not open your mouth till ater the verdict.