08-06-2015, 03:27 PM
(08-06-2015, 02:57 PM)Devils Advocate Wrote: And you seem to think it is illegal and unfounded in law when it is, in fact legal and goes all the way back to the 17th century and possibly further.
I won't debate it's implications in double jeopardy and jurors privacy, but let's not pretend that's it's only usefulness. A jury may use it when it feels laws are unjust.
It does not exist in our law. It's something that is possible because of our other laws. To suggest that a judge should instruct on something that is not in our law makes no sense.
“History teaches that grave threats to liberty often come in times of urgency, when constitutional rights seem too extravagant to endure.”-Thurgood Marshall
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