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re: Prosecutorial Misconduct Reform
Posted on 1/20/24 at 1:55 pm to Indefatigable
Posted on 1/20/24 at 1:55 pm to Indefatigable
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 on 1/20/24 at 2:14 pm to NYNolaguy1
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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