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05-11-2009, 03:05 AM #16
- Join Date
- Apr 2007
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- 1,034
Thanked: 150The issue with the theoretical law you provided is that it is clearly unconstitutional. However, if the law is constitutional, and crazy, then yes, the Jury should be compelled to provide a determination of guilty.
Take my example above with the perpetually abused wife that shoots her abusing husband while he sleeps. She is guilty of 1st degree murder, and a Jury should be compelled to provide a determination of guilty. If there is enough outrage over such a case, then the legislative branch of the government should pass a law which qualifies this type of "justified homicide" if that is the will of the people.
The beauty of our government is that everyone has a say in what goes on in government, and everyone's vote counts. Look at the last election and the dramatic shift in power, and the dramatic changes taking place. In a jury is not the place to challenge a law. If you want to challenge it, write your representatives/senators.
Matt