If you were on the jury, how would you vote? - Homesteading Today
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View Poll Results: If you were on the jury, how would you vote?
Convict as charged 26 25.74%
Acquit of all crimes 47 46.53%
Convict of a lesser charge 21 20.79%
Something else? 7 6.93%
Voters: 101. You may not vote on this poll

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  #1  
Old 09/13/11, 01:42 PM
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If you were on the jury, how would you vote?

On another thread, I posted a newspaper clipping about a guy here in Arkansas who shot somebody trying to steal his atv and was sentenced to 20 years in prison. If you were on the jury, how would you vote?
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  #2  
Old 09/13/11, 01:43 PM
 
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Dont know without being there to her the trial....
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  #3  
Old 09/13/11, 01:44 PM
 
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Turn him loose and give him a box of shells
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  #4  
Old 09/13/11, 01:53 PM
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Quote:
Originally Posted by Sawmill Jim View Post
Turn him loose and give him a box of shells
Might want to give him some money to cover court costs, too.
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  #5  
Old 09/13/11, 02:25 PM
 
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Quote:
Originally Posted by FourDeuce View Post
Might want to give him some money to cover court costs, too.
Don't they give you the worst free lawyer in the state when you are arrested
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  #6  
Old 09/13/11, 03:34 PM
 
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I would vote to have the shooter convicted of: Littering garbage on his own property, and suggest a fine of $15.
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  #7  
Old 09/13/11, 03:45 PM
 
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I'd have to have an understanding of the state's law, then the facts of the case. I believe in jury nullification, but without knowing exactly what the law states, and if I believe the law is just or not... Is the law unjust?
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  #8  
Old 09/13/11, 04:07 PM
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Originally Posted by edcopp View Post
I would vote to have the shooter convicted of: Littering garbage on his own property, and suggest a fine of $15.
Charged to the thief's estate.
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  #9  
Old 09/13/11, 04:17 PM
 
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Can't make a valid vote without being there in court. If the law allowed a lessor charge I might be inclined to go that way. But the accused shot a man in the back leaving with his possessions. If the state law allows you to shoot a fleeing thief, then I would maybe let him go. But not living in that state and knowing what the state does and does not allow means I can't really vote in a verdict.
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  #10  
Old 09/13/11, 04:20 PM
 
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I do not know the nuances of the Laws in Arkanas. But, I think I would have to vote at least for a Charge of Manslaughter. He killed a man and I don't think he was reasonably, in Fear for His Life. So, I think it would be hard to win a Self Defense Plea.

Convict on the lesser Charge of Manslaughter and give him 5 to 8 years, or maybe 7 to 10 years. And, here in Indiana I think they get a day off of the Sentence, for every good day Served. 7 to 10 and he'd be out in probably 5 years.(I don't know about Arkanas, tho.) Not too bad.
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  #11  
Old 09/13/11, 04:50 PM
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Quote:
Originally Posted by sirquack View Post
Can't make a valid vote without being there in court. If the law allowed a lessor charge I might be inclined to go that way.

Actually the LAW ALWAYS allows a lesser charge, but the judge often "forgets" to instruct the jury about that. The Officers of the Court don't like to give up any of their power.

But the accused shot a man in the back leaving with his possessions. If the state law allows you to shoot a fleeing thief, then I would maybe let him go. But not living in that state and knowing what the state does and does not allow means I can't really vote in a verdict.
In the American colonies the law didn't allow them to defy the King, but aren't you glad they did?
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  #12  
Old 09/13/11, 04:54 PM
 
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The jury is legally able to NULLIFE. The Judge is in the court room to provide order. The Jury today are "trained" and selected do to the antisapation of their "trainablity".
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  #13  
Old 09/13/11, 04:58 PM
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Originally Posted by kasilofhome View Post
The jury is legally able to NULLIFE. The Judge is in the court room to provide order. The Jury today are "trained" and selected do to the antisapation of their "trainablity".
Huh???
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  #14  
Old 09/13/11, 05:12 PM
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At my house Don't worry about the man with the gun, It's the 2 dogs in the yard. 1 Pit, 1 Plott. Come into their turf and you will draw back a nub. They don't play!!!!! Really doubt anyone would make it much past the car or truck.
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Last edited by Gregg Alexander; 09/13/11 at 05:14 PM.
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  #15  
Old 09/13/11, 05:18 PM
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Quote:
Huh???
They mean "jury nullification"

Jury nullification occurs in a trial when a jury reaches a verdict contrary to the judge's instructions as to the law.

Quote:
A jury verdict contrary to the letter of the law pertains only to the particular case before it; however, if a pattern of acquittals develops in response to repeated attempts to prosecute a statutory offence, it can have the de facto effect of invalidating the statute. A pattern of jury nullification may indicate public opposition to an unwanted legislative enactment
It's basically when the jury says the defendant is "guilty", but they disagree with the LAW itself, so they will not convict
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  #16  
Old 09/13/11, 05:32 PM
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What BFF said.......

Quote:
Originally Posted by Bearfootfarm View Post
They mean "jury nullification"

Jury nullification occurs in a trial when a jury reaches a verdict contrary to the judge's instructions as to the law.



It's basically when the jury says the defendant is "guilty", but they disagree with the LAW itself, so they will not convict
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that's how I'd vote......if I was voting......which I'm not.

However, here's an interesting twist to a possible scenerio for future cases.

Arkansas doesn't 'legally' allow a person to kill another who is stealing and fleeing from the premises,
but Texas has no problem with it. These states share a common border. What would be the
outcome to a case, that occurred in say Arkansas, in which a property owner has a neighbor from
Texas, cross over the border (fence) between their properties and then get caught stealing an
item from his neighbor. Or visa-versa; who gets away with murder or legal killing? Does it depend
on where the body is hit with the bullet......or where the bullet is actually fired? What if the
man from Ark. chased the 'victim' across the border before firing the fatal shot? Now ....the 'crime'
.....or at least a portion of it......has taken place in a different state and jurisdiction. Interesting to ponder......
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  #17  
Old 09/13/11, 05:55 PM
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I hate a thief worse than anything but if I have to shoot somebody, it won't be in the back.
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  #18  
Old 09/13/11, 05:59 PM
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Disturbing the peace.
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  #19  
Old 09/13/11, 06:04 PM
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I wholly support one's right to use lethal force to defend one's home and family from an invader, and I hate thieves, but to shoot someone in the back, killing them for trying to steal an ATV? The idiot got what he deserves in my opinion.
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  #20  
Old 09/13/11, 06:06 PM
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He shot the guy in the back and killed him for stealing a toy. I voted convict as charged.

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