Jury Nullification: Raw Milk Farmer Acquitted

[mrjarrell]

Kudos to the jury for knowing bad law when they see it. Alvin Schlangen can get back to business now, if he hasn't been bankrupted. Here's hoping the state has learned a lesson and leaves the man alone from now on. Ain't gonna hold my breath, tho. The powers that be are vindictive, if nothing else.

http://aotmr.com/raw-milk-co-op-farmer-acquitted-through-jury-nullification/

Edit: Managed to get it back by recopying and pasting the link.

 

[Magneto]

Great news.

 

[Rookie]

Justice at work the way it should be.

 

[NYFelon]

.

 

[XMil]

Great news, thanks for posting!

 

[9mmfan]

Finally, a win for the good guys. About time.

 

[rat-man]

Great news, and great to hear more than one of these stories lately. Did anyone hear about the guy in NH acquitted for growing pot?

Free Stater Who Helped Acquit N.H. Pot Grower: Jurors Were Thinking About Nullification 'From the Beginning' - Hit & Run : Reason.com

 

[CathyInBlue]

Would you (for some vague and nebulous definition of "you") consider Art. 1, Sec. 19 of the Indiana Constitution to be a license for jury nullification under Indiana law?

Section 19. In all criminal cases whatever, the jury shall have the right to determine the law and the facts.

 

[NYFelon]

Sure reads that way

 

[IndyDave1776]

Would you (for some vague and nebulous definition of "you") consider Art. 1, Sec. 19 of the Indiana Constitution to be a license for jury nullification under Indiana law?

It would appear that judges take license lying to us equal to that they afford the police, considering that jury instruction almost universally declares that the jury is required to vote guilty if the state's standards for guilt are established with no reference to the correctness of the law under consideration.

 

[downzero]

It would appear that judges take license lying to us equal to that they afford the police, considering that jury instruction almost universally declares that the jury is required to vote guilty if the state's standards for guilt are established with no reference to the correctness of the law under consideration.

I have never seen an Indiana judge not give the constitutional jury nullification instruction at trial.

Would you (for some vague and nebulous definition of "you") consider Art. 1, Sec. 19 of the Indiana Constitution to be a license for jury nullification under Indiana law?

Yep. "Constitutional jury nullification."

 

[Expat]

No link in the OP. I noticed the same think in a Kirk thread.

 

[hornadylnl]

I didn't keep my jury instructions from the trial I sat on. We were given 2 different sets and one of them mentioned the jury shall have the right to determine the law and the facts.It was read to us by the judge but not gone over in detail. The deputy prosecutor wanted us to believe we had no other option than to convict but we all voted to acquit.

 

[mrjarrell]

Not sure where the link and post went to. Guess a mod came along and deleted it for no reason. I'll try to find it again and post it up.

Edit: Interesting. The post is still there. I can see it when I go to edit it to paste in the link. But it's not viewable in regular mode. INGO has some screwed up code, somewhere.

OK. Tried to copy and paste the original post but it causes everything to disappear. Mods might want to take a look at that. It could become a yet another problem.

http://aotmr.com/raw-milk-co-op-farmer-acquitted-through-jury-nullification/

 

[jbombelli]

Would you (for some vague and nebulous definition of "you") consider Art. 1, Sec. 19 of the Indiana Constitution to be a license for jury nullification under Indiana law?

Most assuredly. Since the jury has the right to determine the law, it can determine that the law doesn't apply.

 

[SmileDocHill]

Not sure where the link and post went to. Guess a mod came along and deleted if for no reason. I'll try to find it again and post it up.

Edit: Interesting. The post is still there. I can see it when I go to edit it to paste in the link. But it's not viewable in regular mode. INGO has some screwed up code, somewhere.

OK. Tried to copy and paste the original post but it causes everything to disappear. Mods might want to take a look at that. It could become a yet another problem.

Raw Milk Co-Op Farmer Acquitted Through Jury Nullification

I looked into it as much as I can and I don't think any of us edited anything. There is a glitch somewhere. Funny thing is, when you reported the post to let us know of the problem, your report was blank also. I had to go in edit mode to read the report that said you had to go to edit mode to read the thread. I've passed it up the chain to have it looked at.

 

[mrjarrell]

I looked into it as much as I can and I don't think any of us edited anything. There is a glitch somewhere. Funny thing is, when you reported the post to let us know of the problem, your report was blank also. I had to go in edit mode to read the report that said you had to go to edit mode to read the thread. I've passed it up the chain to have it looked at.

Thanks, Doc. I also found another post that had the same thing happen to it. Not sure what's going on.

 

[TTravis]

I hope Zimmerman gets a good jury.

 

[downzero]

I hope Zimmerman gets a good jury.

I hope the case is dismissed before it ever gets that far.

 

[2A_Tom]

I have sat on 4 juries. I guess that I just have that kind of luck.

In one case the judge purposly instructed us that he and only he could define the law, and that we had to follow the law as he defined it in our deliberations. I knew he was wrong and said so in the jury room but we all decided that though he was wrong, about us not having the right to interpret the law, we all had the same sense of the law that he presented. It really made no difference in our deliberations. It did bother me that he would misstate the law that way.