• DreamlandLividity@lemmy.world
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    1 month ago

    nullification as a right

    Neither does US recognize it as a right. No matter whether you believe jury nullification is a perversion of justice or irreplaceable bulwark against tyranny, it’s origin can’t be disputed. Jury nullification is not a right that was ever recognized explicitly, but an unintended side-effect of other rights (right to jury trial and jury verdicts being final).

    • ubergeek@lemmy.today
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      1 month ago

      Neither does US recognize it as a right.

      It kind of does. It says “By a trial jury of your peers”, which implies, more or less, the jury of your peers are the final arbiter.

    • TheReturnOfPEB@reddthat.com
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      1 month ago

      The Constitution says that it is not spelling out all the rights just the ones that it has listed.

      And those rights are human rights. They are not granted by the Constitution but merely recognized in a document.

      Wake up. A piece of parchment did not create human rights.