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Case law is the body of available writings explaining the verdicts in a case. Case law is most often created by judges in their rulings, when they write their decisions and give the reasoning behind them, as well as citing precedents in other cases and statutes that had a bearing on their decision. A single case may generate virtually no written interpretations or opinions, or, as is the case with many that come before the Supreme Court, it may generate a number of opinions as it works its way through various lower-circuit courts. These collected opinions can be referred to in the future by other judges when they make their rulings on similar cases, allowing the law to remain relatively consistent. www.wisegeek.com...
....According to the Yale Law Journal in 1964, during the first third of the 19th century judges did inform juries of the right, forcing lawyers to argue "the law -- its interpretation and validity -- to the jury." By the latter part of the century, however, judges and state law were increasingly moving against nullification.[headline In 1895 the US Supreme Court upheld the principle but ruled that juries were not to be informed of it by defense attorneys, nor were judges required to tell them about it. Stephen Barkan, writing in Social Problems (October 1983), noted that the attacks on nullification stemmed in part from juries acquitting strike organizers and other labor activists....
Today, the constitutions of only two states -- Maryland and Indiana -- clearly declare the nullification right, although two others -- Georgia and Oregon -- refer to it obliquely. The informed jury movement would like all states to require that judges instruct juries on their power to serve, in effect, as the final legislature of the land concerning the law in a particular case.
As the diverse nature of the movement suggests, many groups in this country feel the government has overstepped its power in some way and that there must be protection for the natural rights of American citizens. They are defending not only the right to protest or carry a gun or not wear seatbelts but challenging the right of the government to decide such matters without the mediating effect of a jury's judgement of fairness in a particular case.... prorev.com...
Originally posted by crimvelvet
reply to post by Hillbilly123069
I am glad you mentioned Jury Nullification.
Juries make CASE LAW:
Case law is the body of available writings explaining the verdicts in a case. Case law is most often created by judges in their rulings, when they write their decisions and give the reasoning behind them, as well as citing precedents in other cases and statutes that had a bearing on their decision. A single case may generate virtually no written interpretations or opinions, or, as is the case with many that come before the Supreme Court, it may generate a number of opinions as it works its way through various lower-circuit courts. These collected opinions can be referred to in the future by other judges when they make their rulings on similar cases, allowing the law to remain relatively consistent. www.wisegeek.com...
I was going to start a thread on Jury Nullification because it is an area that the elite are trying to change so as to take away even more of our rights.
Judges in most states do not have to inform juries of their rights to judge both the case AND the LAW> Also There is a move to have Judges or even worse bureaucrats take the place of the jury trying cases and delivering judgments WITHOUT a jury.
We have a constitution RIGHT to a jury in any criminal case and in any civil case over $20 dollars.
However most citizens are completely unaware of any of this.