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February 03, 2003
Pot Trial- Jury Ignorance as Weapon
Once upon a time there was right to trial by jury.
But over time, judges have assumed more and more power to control what information juries could be given by the defense. Control the information flowing to the jury and the right to a jury trial becomes meaningless.
Take the recent California verdict of Ed Rosenthal, convicted for conspiracy to grow more than 100 marijuana plants.
That's all the jury was told.
What they weren't told-- what the judge barred the defense from telling the jury-- was that Rosenthal was officially working for the city of Oakland growing marijuana for dispensaries and clubs serving seriously ill people.
And now the jury who convicted Rosenthal is outraged at their own verdict, since they were denied the information of Rosenthal's reasons for growing the marijuana and his official position.
"It was like a kangaroo court. It's like we were just following orders," said Marney Craig, a Novato property manager on the jury. "I'm horrified and dismayed that I wasn't strong enough to stop it."When the government has to hide the truth from juries to get a conviction, you know the law has jumped the rails into oppression.
Posted by Nathan at February 3, 2003 03:40 PM
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Comments
They should have planted someone in the audience to yell out to the jurors what was going on. This must be overturned on appeal.
Posted by: John Isbell at February 4, 2003 04:03 PM
Wait a minute.
If, as a matter of law, the defense that "the city of oakland knew" is not a vlaid defense, then why should the jury hear about it? I am leery of jury nullificiation - becasue it usually results in juries refusing to punish the popular at the expense of the unpopular.
Posted by: kevin at February 5, 2003 11:39 AM
But without a healthy rule about jury nullification such as was proposed last November in, I believe, North Dakota (?) juries are unable to exercise one of their original functions as the conscience of the community.
Posted by: radphag at February 6, 2003 10:15 AM
But without a healthy rule about jury nullification such as was proposed last November in, I believe, North Dakota (?) juries are unable to exercise one of their original functions as the conscience of the community.
Posted by: radphag at February 6, 2003 10:16 AM
For some thoughts on how we can use jury nullification to achieve a "jury revolution" that eradicates bad government, including the drug war, see the links below:
http://freedomlaw.com/JRPTransformA.html
http://freedomlaw.com/JRPSTUPID.html
Dwight Callaway
Posted by: Dwight Callaway at May 22, 2005 07:23 PM
