Dismissal sought for jury-nullification case that ‘criminalizes’ speech – IOTW Report

Dismissal sought for jury-nullification case that ‘criminalizes’ speech

WND: Just days after a judge in Denver ordered all charges against two men accused of jury tampering for handing out informational booklets dismissed, a defense attorney for a Michigan man facing such a charge wants it dismissed, too.

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Defense attorney David Kallman on Monday filed a motion on behalf of defendant Keith Wood asking that all charges in his case, which resulted from his actions in handing out similar informational brochures to the public in Michigan, be dismissed.

In a statement about the motion to dismiss, Kallman pointed out that Wood was accused of tampering with a jury “that does not exist,” the prosecution violates his First Amendment right to free speech and the case “is the result of arguable unlawful government conduct.” more

6 Comments on Dismissal sought for jury-nullification case that ‘criminalizes’ speech

  1. Thanks for posting um I mean tampering with all potential jurors here.

    Judges in most states, including California, tell juries they have no power to disregard the law — which is not true. But in 2008 California passed a law against jury nullification, a judge can throw out a juror who does not follow the judge’s instructions to follow the law.

  2. Jury trial ARE the linchpin of our freedoms. They are the LAST bastion against tyranny.

    Here in my state (Georgia) our state constitution charges jurors with not only determining the facts of the state’s case, but also THE LAW THE DEFENDANT WAS CHARGED UNDER.

    I shouted that for a reason. The accused may well have violated a law. The law may well stink.

    Prosecutors and Judges alike here do not want jurors to know they have that power.

    Jurors hold a power that Judges are frightened of. They can render moot the power of the state to crush those they just don’t like. That hold views at odds with those in power.

    Duties, responsibilities, and powers of Superior and Grand jurors should be taught in high school.

    You cannot be a functioning citizen of this nation if you do not understand this civic duty.

  3. True! Juries are to sit in judgement of the accused as well as the law that is used to charge the accused. The founding fathers wrote much about this. It’s why we have our system as it is. Too many don’t understand the power a jury has and how it is supposed to be exercised.

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