My friend Jerry Nullification was saying the same thing.
The 6th Amendment guarantees the accused the right to a trial by a jury of their peers.
The flip side of that amendment is that the 6th Amendment creates an individual duty to decide the innocence or guilt of an individual. The juror’s power to render such a decision, and the jury’s power to return a verdict are constitutionally-derived powers.
Where there is a conflict between a constitutional power and a legislated law, the constitution always supersedes. The juror is constitutionally obligated to apply their own sense of rationality in determining whether to convict or acquit. Where strictly applying legislated law would be unjust and/or absurd, the jurors are the only people with a direct, constitutional power to prevent that injustice.
Jurors are often asked “Do you have any belief that might prevent you from making a decision solely on the basis of the law?”. The constitution is law. A belief based on the constitution is a belief based on the law.
Just to piggyback off of this: trial-by-jury in the US is nearly nonexistent now. Less than 10% of arrests lead to a jury trial. Most go to a plea bargain.
The state no longer has to convince 12 of your peers that you’re guilty beyond a reasonable doubt. They just need to convince you that you’ll suffer more if you maintain innocence than if you accept guilt.
I’m replying to every other comment it seems but I’m serious about this topic and I have personal experiences on both sides of the law. I’ve been summoned for jury duty twice, pled guilty or no contest to four crimes. I’ve also given victim testimony in court.
One time I barely got out of jury duty, good for me because my workplace would have been run by idiots if I were gone and great for my bosses because the place would have been run by idiots if I were gone.
The other time is the reason I responded. I sat in a room full of regular ass white people and one loudmouth that couldn’t shut the fuck up. We sat in that room and listened to the idiot say untrue shit about many things. I really only remember him claiming “I don’t give a damn” in Gone With the Wind was the first time anyone said a no no word on camera. What a jackass.
So after sitting there, backs to the door, the pigs and lawyer pig come in. They say we got him, we just brought him by and had him look in the window and said these are the people who are going to convict you if you don’t take the deal.
Fucking disgusting.
In this particular case, i’d take my chances with the jury. Especially since the feds asking for the death penalty is huge overreach and New York isn’t a state known for lots of jurors in favor of the death penalty. It’s actually banned for state crimes.
EDIT: also, if he is somehow convicted of the worst crimes, his ability to appeal on the basis of cruel and unusual charging is very good. The terrorism charge alone is a massive overreach that I can’t think of ever being used when a civilian kills another civilian. And new york has fairly liberal judges. A plea deal is a huge mistake in this case. Unless the deal is a year in prison and 6 months probation. Which it won’t be. It’ll be we’ll drop the death penality charge and instead you get life.
the fcc has derived powers
the faa has derived powers
the sec has derived powers
What constitutionally derived powers do those executive agencies have in a judicial action?
Best explanation of the power behind it I’ve ever seen. We need to add it to the poster I’m thinking of. Do you know anyone or an org in Manhattan we could get to post papers supporting Luigi for in self defense or in defense of others? I’d like to do a QR code to a site explaining jury nullification, why you can’t talk about it, and now that it’s your constitutional right and you can do it without lying to a judge.
Also anyone who ever harmed a protestor. The guy who ran over Heather Heyer should have been charged with terrorism too.
Luigi’s mission, if he really was the shooter, was accomplished…
The quiet part was said aloud.
Yeah I know the so called justice system threw innocent until proven guity out of the window a while ago, but the rest of us shouldn’t.
Zimmerman and Rittenhouse were found innocent because they killed both a black guy and white people protesting for the rights of black people.
That’s all you need to know really. Edited for clarity: Since reading comprehension seems to be a lost art. Zimmernman killed a black guy, Rittenhouse killed whites protesting for black rights
I am not saying Rittenhouse killed anyone who was black.
Tell me again: What black guy did Rittenhouse kill?
I know about Joseph Rosenbaum, a white guy who attacked him and grabbed his gun when Rittenhouse didn’t run away fast enough. That attack was on camera.
I know about Anthony Huber, a white guy who was killed with a single shot to the chest while trying to hit him in the head with the trucks of a skateboard. That attack was also on camera.
I know about Gaige Grosskreutz, a white guy who tried to shoot at Rittenhouse, then feigned surrender, then suddenly pointed his gun again and tried to kill him, before being struck in the arm by rifle fire. That attack was also on camera.
And I know about the unidentified black man who tried to stomp on Rittenhouse’s head while he was on the ground, who Rittenhouse fired on once, but missed, and did not fire again as the man decided to flee rather than continue the attack.
But I don’t seem to recall the name of the black man that you’re referring to: The black man that Rittenhouse supposedly killed. I know he was the third dead guy on the night that Rittenhouse killed two people, but I can’t seem to recall his name.
So not to be the wet blanket but I’m pretty sure they didn’t have a terrorism law in SC at the time. The Feds charged him with the more appropriate hate crimes.
terrorism vs resistance fighter.
HTS are terrorist, hamas are terrorists, everyone’s a terrorist if you’re on the losing side. Then when you win everyone suddenly needs to make a swift but uncomfortable change, like with HTS, to acknowledge you, without saying anything like ’ maybe we were wrong all along?'. No no, of course we were right, just the situation changed. right…
Remains to be seen what HTS and FSA will do. Gotta be better than Assad but if the headscarf decrees come the women need to be ready to run.
Also Turkey is using the chaos in Syria to attack the Kurdish led, multi-ethnic, gender equal, nonreligious, democratic mutualist territory established in North and Northeast Syria around Rojava. The Turkish government considers Kurds and allies to be terrorists because they want to live on and administer the land they’ve lived on for thousands of years.
These people running this revolutionary group are so chill they use Arabic for everything despite speaking Kurdish natively. Just to show that everyone is welcome, and more people around there speak Arabic.
Side note: USA supported the Kurds when they kicked the shit out of ISIS/ISIL and al Qaeda. They were even doing close air support for them with A-10s as the Assad dictatorship was falling. Now that Assad is gone the US support vanished.
Parts of the rebel groups that now control Damascus are former ISIS and al Qaeda fighters.
Remember the promises of the Taliban when they retook Afghanistan. The promises were broken and things are at least as bad if not worse than before. These guys who fucked Assad up with brilliant timing could pull something similar.
