• EldritchFeminity
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        2 days ago

        Have you heard of this one neat trick (jury nullification) that lawyers hate?

        • FooBarrington@lemmy.world
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          2 days ago

          I don’t see them letting it come to that. They’ll pick jury members of which they are 100% sure they won’t do jury nullification.

          Remember, the whole system is behind getting him charged.

            • FooBarrington@lemmy.world
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              2 days ago

              Do you really think there’s no way for the combined power of the state & capital to influence jury selection? That feels like a very naive take.

              • inv3r5ion@lemmy.dbzer0.com
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                2 days ago

                The defense has the right to pick half the jury - and defense lawyers are usually very serious about defending their clients and getting the best possible outcome. They’re going to pick the most favorable jurists they can.

                IMO he got over charged and they state is gonna learn the hard way that their strategy of making an example of him will backfire.

                • FooBarrington@lemmy.world
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                  2 days ago

                  Please see my reply to the other comment - you’re assuming the pool of jurors contains enough people that would consider nullification. As far as I’m aware, the defense has no influence on this pool itself. So how do you know that the jurors the defense can choose from are actually randomly selected?

                  It’s pretty much a given that the state knows your opinion on jury nullification if you’ve ever publicly posted about it. Hell, based on the Snowden leaks there’s a good chance they know it if you’ve ever mentioned it over e.g. the telephone. How can you be sure that this knowledge isn’t used to bias the jury pool?

                  • inv3r5ion@lemmy.dbzer0.com
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                    1 day ago

                    I saw your other comment after I made this one. You bring up valid points. I think we should throw the whole country out and start over personally.

                • FooBarrington@lemmy.world
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                  2 days ago

                  No, I think I understand it well enough to also understand that the system isn’t perfect.

                  For example, the same system that is trying to get him charged is also responsible for producing the jury pool. Coincidentally, the same system regularly buys data about its citizens from big tech companies, like social media. The same social media on which plenty of people publicly commented on the case.

                  Unless the defense is literally involved in every step of the process (starting from voter registration), there’s no way to be sure that the jury pool is actually unbiased.

                  Now, hopefully I’m wrong about this, and you can show me specifically how we can be absolutely sure that the jury pool is completely unbiased. But I don’t think that you’ll be able to do so without implicitly relying on the same system that is being defended against.

                  • Bronzebeard@lemm.ee
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                    2 days ago

                    None of these systems interact in an easy enough way to rig this without involving soo many people. Which means it won’t be secret enough to get away with.