More on Jury Nullification

Story out of NYC where federal prosecutors have charged a man with jury tampering for handing out literature outside on jurors rights outside of a courthouse. The story explains that the defendant has requested a jury trial, but prosecutors have opposed it, arguing that we would likely ask the jury to nullify. Question for the lawyers … Can the prosecution do that? The defendant is claiming his actions are protected speech, which it obviously is in my opinion.

Story available at the New York Times

5 Responses

  1. Did he hand literature to everyone or just to members of the jury before which he will be tried? If his jury hasn't yet been selected, I don't see how it could be considered tampering.

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  2. my understanding is the location was selected to reach potential jurors. he wasn't specifically targeting anyone beyond that — certainly not those already seated on a jury.

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  3. NVH, having now read the story I think the prosecution is out of bounds and that the case will be dismissed.QB? Ashot?No empanelled juror has been tampered with. The right to a jury trial cannot be enjoined because the prosecutor doesn't like the potential jury argument the defense could make. Seems like amazing overreach to me.

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  4. The prosecution seems to be relying on the argument that the courthouse plaza is not a public place. That seems to be thin gruel to me.OT, the judge for the case is Kimba Wood, failed WJC AG nominee. Google "Kimba Wood" and "bris."

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  5. I agree with Mark. Based on the article alone, it looks like one of the most absurd prosecutions I've ever seen. Judge Wood is not known to be of harsh temperment; I think these prosecutors will end up feeling lucky about that. It's pretty outrageous. I'm amazed that they actually described it as prosecution of advocacy. Outrageous and stupid.

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Be kind, show respect, and all will be right with the world.