|
|
| |
|
|
| |
This is where you stick random tidbits of information about yourself.
|
|
|
|
|
|
| |
Friday, November 08, 2002
"Power to the people!" Remember that rallying cry? The most imporant issue on the ballots last Tuesday, one that could signal a fundemental change in the power structure of the nation by including the people in the system of checks, received almost no media coverage. I had to search for nearly 3 days, and put together bits of information from different sources to finally figure out what happened. Unfortunately, after strong campaining against the amendment, it was defeated by a margin of 4 to 1.
Amendment A on the South Dakota ballot, the "Jury Nullification" amendment to the state constitution, would allow jurors in the state to acquit defendants who are technically guilty, but who are charged with laws that the jury deems unfair. Jury nullification is forbidden in all states currently, although there is no legal means to enforce this--you cannot punish the jurors--but any mention of the concept by the defense would likely result in a mistrial. Judges and prosecutors intimidate jurors into looking at "just the facts" and not considering the fairness of the law. Practically every word said about the bill was against it--judges, legislators, police, even the media hated the idea. Why? Power...
Legislators have power--they make the laws. Often the executive branch has veto power over those laws, so they have a chance to strike down the ones that they don't like, and there's also the power to pardon those who do get convicted. The police enforce the laws, so if they don't like a law, they just don't enforce it. Prosecutors can choose not to press charges, judges can dismiss cases, and since prosecutors and judges are often elected positions, the media has the power to prevent reelection of any elected officials that they dislike. So if a criminal gets to court, he's already guilty in the eyes of the executive branch, the judicial branch, the legislative branch, and the media. So what happens if the jury can acquit based on their feelings on the law? That means instead of a 4-way share of power, we now add the people, and get a 5-way sharing of power.
And when was the last time you saw anyone who was in favor of decreasing their own power?
9:25 AM
|
|
| |
|
|
|
