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  1. #51

    Default Re: Legal Issues for a Child Who Was Kidnapped at Birth (For a Novel)

    Thanks Taxing Matters, that's very helpful! I think trying it in the state court will work better than jury nullification for this story, but I'll file that information away in case I need it in the future.

  2. #52
    Join Date
    Jan 2006
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    38,867

    Default Re: My Novel Woman Was Kidnapped at Birth - How to Sort Through Legal Issues

    Quote Quoting Taxing Matters
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    The jury is not supposed to do it. The jury is specifically instructed on the basis it is supposed to decide the case. And, at least in the federal system, should a judge learn during the course of the trial that a juror intends to apply jury nullification, the court may dismiss that juror. Indeed, that was the holding of the case yourself linked. “Similarly, we conclude that a juror who is determined to ignore his duty, who refuses to follow the court's instructions on the law and who thus threatens to ‘undermine [ ] the impartial determination of justice based on law,’ Krzyske, 836 F.2d at 1021, is subject to dismissal during the course of deliberations under Rule 23(b).” United States v. Thomas, 116 F.3d 606 (2d Cir. 1997). In that case, the court pointed out that nullification is a violation of the juror’s oath and is contrary to the principles of the legal system. But, as I have already said, since the jury does not have to explain the reasons for its verdict the process allows for jury nullification anyway. The jury can decide to acquit for whatever reasons it chooses since it cannot be questioned why it arrived at that decision. Unfortunately that means, as we have seen in history, that juries sometimes acquit or convict for totally inappropriate reasons, including the race of the defendant or the race of the victim.

    Well no kidding. That’s why an officer of the court cannot suggest they do it. The jury can and has done it. It really is that simple. You can say they aren’t supposed to or anything else you want. Bottom line: they can and do and the reasons may stay a total mystery to all but them.

  3. #53
    Join Date
    Oct 2014
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    8,238

    Default Re: My Novel Woman Was Kidnapped at Birth - How to Sort Through Legal Issues

    Quote Quoting jk
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    Bottom line: they can and do and the reasons may stay a total mystery to all but them.
    I never said otherwise, so I’m not sure what you are arguing with me about. But the fact that the jury is not supposed to do it, that the court instructs the jury on what it is supposed to do, that a judge can remove a juror if somehow it becomes evident that the juror will employ nullfication, and that the defense cannot argue jury nullification all mean that the defendant could not rely on nullification as her hope for avoiding conviction. Indeed, that hope would be extremely thin at best in most cases. About the only cases where a defendant might realistically have a high hope for it is where it is known that a particular law is deeply unpopular in the community where the case will be tried. As most everyone believes kidnapping a child is wrong, I think presenting jury nullification as the solution to the kidnapper’s legal problem in the OP’s novel would not be very realistic. Of course, in fiction the writer doesn’t have to stick to realism, but the writer takes a risk that if she strays too far from reality the reader won’t buy into the story.

  4. #54
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: My Novel Woman Was Kidnapped at Birth - How to Sort Through Legal Issues

    Quote Quoting SilenceintheLibrary
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    Ideally I would like to make things go as smoothly for her as possible,
    Smoothly?

    That would be a very boring book.

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