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	<title>Comments on: The Only Anchor Yet Imagined</title>
	<atom:link href="http://deanesmay.com/2008/08/15/the-only-anchor-yet-imagined/feed/" rel="self" type="application/rss+xml" />
	<link>http://deanesmay.com/2008/08/15/the-only-anchor-yet-imagined/</link>
	<description>Defending the liberal tradition in history, science, and philosophy.</description>
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		<title>By: Dave Price</title>
		<link>http://deanesmay.com/2008/08/15/the-only-anchor-yet-imagined/#comment-160834</link>
		<dc:creator>Dave Price</dc:creator>
		<pubDate>Sat, 16 Aug 2008 17:21:34 +0000</pubDate>
		<guid isPermaLink="false">http://deanesmay.com/2008/08/15/the-only-anchor-yet-imagined/#comment-160834</guid>
		<description>&lt;em&gt;Donâ€™t like the law? Work to get it changed. &lt;/em&gt;

Nullification &lt;strong&gt;is&lt;/strong&gt; working to get the law changed.Â  That&#039;s a big reason why Prohibition fell: juries simply refused to convict.

It&#039;s not a perfect system.Â  It&#039;s just the best one we have.Â  Better a few guilty go free than millions be wrongly imprisoned.</description>
		<content:encoded><![CDATA[<p><em>Donâ€™t like the law? Work to get it changed. </em></p>
<p>Nullification <strong>is</strong> working to get the law changed.Â  That&#8217;s a big reason why Prohibition fell: juries simply refused to convict.</p>
<p>It&#8217;s not a perfect system.Â  It&#8217;s just the best one we have.Â  Better a few guilty go free than millions be wrongly imprisoned.</p>
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		<title>By: John_B</title>
		<link>http://deanesmay.com/2008/08/15/the-only-anchor-yet-imagined/#comment-160829</link>
		<dc:creator>John_B</dc:creator>
		<pubDate>Sat, 16 Aug 2008 05:05:37 +0000</pubDate>
		<guid isPermaLink="false">http://deanesmay.com/2008/08/15/the-only-anchor-yet-imagined/#comment-160829</guid>
		<description>No, it doesn&#039;t mean they were &#039;right&#039; in a cosmic sense, but it means that they have defined &#039;right&#039; in every meaningful way that matters to law.

Don&#039;t like the law? Work to get it changed. That&#039;s what ended Prohibition: people decided the cost of trying to enforce a stupid law outweighed its perceived benefit. Voila: a new amendment repealing the stupid one.

Can&#039;t get the law changed but still cannot go along with the will of the people? Then act according to your conscience and be prepared to pay the consequences. Stand up for your principles.

Jury nullification is what we saw in the OJ Simpson trail. Did you really love that?

Jury nullification is what we saw throughout the early part of the century when southern juries refused to convict KKK members for lynching, castrating, or just plain killing Blacks. Worked out real well there, too, didn&#039;t it?

Jury nullification is what we see when an inner city jury refuses to convict a young Black man for theft because, well, you know that store can afford it. Why again was it that commerce left the inner city?

There might indeed be a few cases in which jury nullification is the right thing to do. Most of the time, it pushes the legal system one more rung down the ladder of corruption. 

The jackass who got booted off the jury should have been jailed for contempt, in my book. If his jury instructions are anything like the ones I&#039;ve seen, he swore an oath in court to reach a verdict according to the law. Clearly, he was not actually prepared to do that. He was not asked to write the law the way he thought it should read.

&lt;em&gt;John_B&#039;s last blog post..&lt;a href=&#039;http://xrdarabia.org/2008/08/15/saudi-arabia-and-energy-supply-demand/&#039; rel=&quot;nofollow&quot;&gt;Saudi Arabia and Energy Supply &amp; Demand&lt;/a&gt;&lt;/em&gt;</description>
		<content:encoded><![CDATA[<p>No, it doesn&#8217;t mean they were &#8216;right&#8217; in a cosmic sense, but it means that they have defined &#8216;right&#8217; in every meaningful way that matters to law.</p>
<p>Don&#8217;t like the law? Work to get it changed. That&#8217;s what ended Prohibition: people decided the cost of trying to enforce a stupid law outweighed its perceived benefit. Voila: a new amendment repealing the stupid one.</p>
<p>Can&#8217;t get the law changed but still cannot go along with the will of the people? Then act according to your conscience and be prepared to pay the consequences. Stand up for your principles.</p>
<p>Jury nullification is what we saw in the OJ Simpson trail. Did you really love that?</p>
<p>Jury nullification is what we saw throughout the early part of the century when southern juries refused to convict KKK members for lynching, castrating, or just plain killing Blacks. Worked out real well there, too, didn&#8217;t it?</p>
<p>Jury nullification is what we see when an inner city jury refuses to convict a young Black man for theft because, well, you know that store can afford it. Why again was it that commerce left the inner city?</p>
<p>There might indeed be a few cases in which jury nullification is the right thing to do. Most of the time, it pushes the legal system one more rung down the ladder of corruption. </p>
<p>The jackass who got booted off the jury should have been jailed for contempt, in my book. If his jury instructions are anything like the ones I&#8217;ve seen, he swore an oath in court to reach a verdict according to the law. Clearly, he was not actually prepared to do that. He was not asked to write the law the way he thought it should read.</p>
<p><em>John_B&#8217;s last blog post..<a href='http://xrdarabia.org/2008/08/15/saudi-arabia-and-energy-supply-demand/' rel="nofollow">Saudi Arabia and Energy Supply &amp; Demand</a></em></p>
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		<title>By: Dave Price</title>
		<link>http://deanesmay.com/2008/08/15/the-only-anchor-yet-imagined/#comment-160820</link>
		<dc:creator>Dave Price</dc:creator>
		<pubDate>Sat, 16 Aug 2008 00:04:12 +0000</pubDate>
		<guid isPermaLink="false">http://deanesmay.com/2008/08/15/the-only-anchor-yet-imagined/#comment-160820</guid>
		<description>It&#039;s a ridiculous notion.  It&#039;s not &quot;commerce,&quot; it&#039;s a moral judgement on what we&#039;re allowed to consume.Â  By that theory, anything that involves an exchange of money (which is pretty much everything) could be made illegal, and the rest of the Bill of Rights is rendered fairly meaningless.

Just because they&#039;ve ruled on it doesn&#039;t mean they were right.</description>
		<content:encoded><![CDATA[<p>It&#8217;s a ridiculous notion.  It&#8217;s not &#8220;commerce,&#8221; it&#8217;s a moral judgement on what we&#8217;re allowed to consume.Â  By that theory, anything that involves an exchange of money (which is pretty much everything) could be made illegal, and the rest of the Bill of Rights is rendered fairly meaningless.</p>
<p>Just because they&#8217;ve ruled on it doesn&#8217;t mean they were right.</p>
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		<title>By: Dave Schuler</title>
		<link>http://deanesmay.com/2008/08/15/the-only-anchor-yet-imagined/#comment-160819</link>
		<dc:creator>Dave Schuler</dc:creator>
		<pubDate>Fri, 15 Aug 2008 23:45:26 +0000</pubDate>
		<guid isPermaLink="false">http://deanesmay.com/2008/08/15/the-only-anchor-yet-imagined/#comment-160819</guid>
		<description>Dave, the idea of government by enumerated powers died with &lt;a href=&quot;http://en.wikipedia.org/wiki/Wickard_v._Filburn&quot; rel=&quot;nofollow&quot;&gt;Wickard v. Filburn&lt;/a&gt;.  For practical purposes the power of the Congress in areas of commerce is unlimited.</description>
		<content:encoded><![CDATA[<p>Dave, the idea of government by enumerated powers died with <a href="http://en.wikipedia.org/wiki/Wickard_v._Filburn" rel="nofollow">Wickard v. Filburn</a>.  For practical purposes the power of the Congress in areas of commerce is unlimited.</p>
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