Advocating jury nullification and suborning perjury
An anonymous Texas prosecutor claims that advocating jury nullification is aggravated perjury under Texas law.
There are two obvious reasons why this is crap:
* Advocating jury nullification does not meet the imminent lawless action test.
* Jury nullification is an element of common law.
Of course, jury nullification can be used for both good (e.g., preventing egregious jail sentences in drug possession cases) and evil (e.g., letting violent white supremacists off the hook).
In any event, if someone is interested in passing voir dire honestly in order to find the defendent not guilty on principle, can he invoke the Eight Amendment to do so?
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smandal) wrote,
