Ontopic NDAA

[fly]

let me explain to you how checks & balances work.

1st citizen gets detained
they take it to trial, goes to supreme court
supreme court rules the whole law unconstitutional it's nullified.

Don't forget Jury Nullification. Although juries aren't allow to know that part...

 

[OzSTEEZ]

Isn't the whole point about this bill that when the citizen is detained, they are detained by the military, and do not have the right to a trial?

 

[ZRH]

Don't forget Jury Nullification. Although juries aren't allow to know that part...

Jury nullification only counts for individual trials, it doesn't set precedent. So like... there's that.

 

[fly]

Jury nullification only counts for individual trials, it doesn't set precedent. So like... there's that.

I was pretty sure that it could. But since you said that it can't, you're probably right.

edit: From wikipedia
"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."

 

[APRIL]

Niggas Don't Actively Anger?

 

[ZRH]

I was pretty sure that it could. But since you said that it can't, you're probably right.

edit: From wikipedia
"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."

What I said was just basic precedent in the US. Appellate courts decide most binding precedent since trial court (you know, the ones with juries) decisions are only binding on the selfsame court.

You can't force a jury to use a specific kind of reasoning when it renders a verdict. That's why juries get "instructions" not orders. There are ways around juries though, like judgment non obstante veredicto and motion to set aside judgement (after a jury verdict),