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re: Prosecutorial Misconduct Reform

Posted on 1/20/24 at 2:14 pm to
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
Posted by NYNolaguy1
Member since May 2011
20983 posts
Posted on 1/20/24 at 2:30 pm to
If it were up to me I would put it as standard boiler plate jury insutructions that in addition to the stated elements of whatever crime the defendant is accused of that the jury has the option not to convict if they believe the verdict would be unjust.

Not sure if I can get more specific than that.
This post was edited on 1/20/24 at 2:33 pm
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