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re: Prosecutorial Misconduct Reform

Posted on 1/20/24 at 1:55 pm to
Posted by NYNolaguy1
Member since May 2011
20983 posts
Posted on 1/20/24 at 1:55 pm to
quote:

How is that representation made? What are the elements the prosecution needs to show? What standard is the jury holding them to?


I could go into how mens rea elements get drafted into law, and do something similar, but an easier way is to give the jury the option to effectively veto the prosecution via jury nullification.

New Hampshire just passed something similar to this as a part of standard jury instructions for all criminal proceedings.
Posted by Indefatigable
Member since Jan 2019
27461 posts
Posted on 1/20/24 at 2:14 pm to
quote:

I could go into how mens rea elements get drafted into law, and do something similar, but an easier way is to give the jury the option to effectively veto the prosecution via jury nullification.

And I have a goldfish, but I thought we were discussing the topic. I don’t need you to give me the history of mens rea or explain what jury nullification is. We’re talking about your proposal that a “public benefit” be shown for prosecution.

Are you going to answer the question or not?

This post was edited on 1/20/24 at 2:17 pm
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