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(NJ.com)   Nothing strikes fear into the heart of a county prosecutor quite like hearing that the defendant wants to talk about jury nullification during his trial. Especially when the defendant is known as Weedman   ( nj.com) divider line
    More: Obvious  
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7608 clicks; posted to Main » on 06 Oct 2017 at 7:39 AM (2 weeks ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



Voting Results (Smartest)
View Voting Results: Smartest and Funniest

2017-10-06 07:51:41 AM  
21 votes:

kendelrio: I wish TFA had more detail about his nullification argument.

there is no argument.  the prosecutor doesn't want the jury to know the jurors can ignore the judges instructions and vote however they want
2017-10-06 07:54:39 AM  
11 votes:

Ball of Confusion: kendelrio: I wish TFA had more detail about his nullification argument.
there is no argument.  the prosecutor doesn't want the jury to know the jurors can ignore the judges instructions and vote however they want


the judges don't like that either.  So something completely legal (nullification) is kept hush hush under pain of arrest (some people have been threatened, and I think actually arrested for it).
2017-10-06 08:01:23 AM  
10 votes:
Jury nullification also means they can find you GUILTY without proof beyond a reasonable doubt ... just because the jury doesn't like your attitude or your skin color.
2017-10-06 09:20:15 AM  
9 votes:

MythDragon: You'd think a judge would want a jury to be as informed as possible, not just be like Judge Whitey from Futurama.


The more informed the jury, the more power it holds.

The more power the jury holds, the less power the judge, prosecutor and rest of the legal system holds.

You really think the judge (or any other governmental sycophant for that matter,) is eager to give up their power? If you do, you don't understand what makes a person seek such office in the first place.
2017-10-06 07:58:38 AM  
8 votes:
I wonder if the jury tampering charge stems from his other cases. I wonder if it was as simple as him telling a juror about nullification
2017-10-06 09:11:33 AM  
7 votes:
Hey, if it'll work for white supremacists in Nevada and Orgeon...oops...black guy...nevermind...
AOW
2017-10-06 09:48:47 AM  
4 votes:

TheWhoppah: Jury nullification also means they can find you GUILTY without proof beyond a reasonable doubt ... just because the jury doesn't like your attitude or your skin color.


Actually no it doesn't, if a jury finds someone guilty in defiance of what the law says the verdict will be overturned, either immediately by the judge or on appeal, however a jury deciding that you  are innocent in defiance of the law can not be overturned ether by the judge or by appeal. That is why prosecuters hate the idea of jury nullification, not guilty verdicts are generally not appealable due to the double jeopardy clause unless jury tampering can be proven
2017-10-06 08:23:44 AM  
4 votes:

TheWhoppah: Jury nullification also means they can find you GUILTY without proof beyond a reasonable doubt ... just because the jury doesn't like your attitude or your skin color.


Double Jeopardy keeps you from being charged twice, it does not keep you from appealing. A ruling from a jury can be appealed if you can show the evidence was ignored.
2017-10-06 08:08:35 AM  
4 votes:
Some states include Mistake of Law as a valid affirmative defense.  In those states, a judge granting a motion restricting a valid defense should expect a motion to disqualify or transfer venue, a complaint to the committee on judicial conduct, and a grievance with the state bar.
2017-10-06 04:11:17 AM  
4 votes:
"How am I supposed to do anything, how am I supposed to defend myself?," Forchion asked in a phone interview with NJ Advance Media Wednesday evening

Well, Mr. Bonerhitler, you're not.
2017-10-06 09:25:31 AM  
3 votes:

MythDragon: [...] if I went to trial for something like kicking the ass of a guy who molested my daughter but wasn't charged because he was too rich, that I could present that option to the jury for then to decide that even if I was guilty, in this instance they felt in shouldn't be punished for it.


That isn't jury nullification.  That is arguing for a minimum sentence.  For example, you could be guilty of Assault but sentenced to 0 days or a $1 fine but you still get the guilty conviction.

Jury Nullification, on the other hand, would be a verdict of GUILTY absent proof beyond a reasonable doubt or NOT GUILTY despite such proof.
2017-10-06 08:48:00 AM  
3 votes:

You Are All Sheep: Ball of Confusion: kendelrio: I wish TFA had more detail about his nullification argument.
there is no argument.  the prosecutor doesn't want the jury to know the jurors can ignore the judges instructions and vote however they want

the judges don't like that either.  So something completely legal (nullification) is kept hush hush under pain of arrest (some people have been threatened, and I think actually arrested for it).


I've heard that too. How can a judge order a part of the legal system to be secret? I would like to think that if I went to trial for something like kicking the ass of a guy who molested my daughter but wasn't charged because he was too rich, that I could present that option to the jury for then to decide that even if I was guilty, in this instance they felt in shouldn't be punished for it.

There are a great many things I could see my self going the nullification route on, which is probably why I've never been selected for a jury.

You'd think a judge would want a jury to be as informed as possible, not just be like Judge Whitey from Futurama.
2017-10-06 08:16:15 AM  
3 votes:
I can't quite put my finger on it - but for some reason I'm on this guys side.

img.fark.net
2017-10-06 07:44:03 AM  
3 votes:
I wish TFA had more detail about his nullification argument.
2017-10-06 08:32:02 AM  
2 votes:
The Law You Won't Be Told
Youtube uqH_Y1TupoQ
2017-10-06 08:12:04 AM  
2 votes:

kindms: I wonder if the jury tampering charge stems from his other cases. I wonder if it was as simple as him telling a juror about nullification


That's what I'm wondering, if so it's not jury tampering.
2017-10-06 06:26:01 PM  
1 vote:

AOW: Actually no it doesn't, if a jury finds someone guilty in defiance of what the law says the verdict will be overturned, either immediately by the judge or on appeal, [...]


If a case goes to jury, the defendant's motion for directed verdict was already denied by the same judge you now imagine will enter a JNOV or an order of acquittal?  That's not gonna happen except on TV.

You also don't seem to understand that an appeal is not some magic do-over.  The number of cases overturned on the basis of factual insufficiency approaches zero.   The court of appeals may not simply insert its own opinions of the facts or witness credibility above those of the jury.  That is why the jury is called THE FINDER OF FACT.  Evidence is reviewed in the light most favorable to the verdict and a conviction will almost always be upheld if there was an iota of evidence supporting the verdict.

And even if you win on appeal, you most likely sat in prison for a few years while the case works it way though the process.
2017-10-06 01:06:25 PM  
1 vote:
img.fark.net
2017-10-06 08:19:42 AM  
1 vote:
He's an interesting guy.

He has a website, if anyone is interested: http://njweedman.com/
2017-10-06 08:18:40 AM  
1 vote:

davidphogan: Because he got high?
Becuase he got high?
Because he got high.

[YouTube video]


You know, I would not feel so all alone
Everybody must get stoned.
2017-10-06 08:15:35 AM  
1 vote:

kindms: I wonder if the jury tampering charge stems from his other cases. I wonder if it was as simple as him telling a juror about nullification


Nope.  It appears as if the charge is that Mr. Forchion tried to "dox" a witness against him.

http://www.trentonian.com/general-news/20171005/nj-weedman-sues-ex-at​t​orney-for-malpractice
2017-10-06 02:53:39 AM  
1 vote:
Because he got high?
Becuase he got high?
Because he got high.

Afroman - Because I Got High
Youtube WeYsTmIzjkw
 
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