Fish Or Man

Wednesday, April 26, 2006

Jury Nullification

A discussion going on over at Say Uncle reminded me of my court case in Ellensburg. Since, I paid quite a bit of money on the transcript of my trial for my appeal, (which I won), I think I'll post some of it here.

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THE FOLLOWING PROCEEDING OCCURRED OUTSIDE THE PRESENCE OF THE JURY

THE COURT: Now, we'll be on the record while we talk about the instructions. Okay, Mr. FishOrMan, have you reviewed the City's proposed jury instructions?

MR. FISHORMAN: Yes, yes I have.

THE COURT: Okay, I can tell you that three of them are standard instructions that we have in every trial. They do not pertain specifically to you or your case. Do you have any questions about them?

MR. FISHORMAN: It won't help but I'll go ahead and...

THE COURT: --okay--

MR. FISHORMAN: ...object to "it is also your duty to accept the law from the Court regardless of your personal belief of what the law is or ought to be." I believe that jury nullification is considered constitutional and the jury can question matters of law.

THE COURT: I understand that objection but I will overrule that objection for the record.

MR. FISHORMAN: That's how the system works.

THE COURT: I appreciate your bringing that up....

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Thanks, liar.