- Aug 4, 2011
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People who protest, rally, and ask for redress are being thrown in jail these days, as are those who engage in investigative journalism. For example, a Michigan man named Kevin Wood was arrested and charged with felony "obstruction of justice" for daring to hand out pamphlets about jury nullification on the courthouse steps. Yes, he was thrown in jail for correctly informing jury members (and others) that they could choose to refuse to convict regardless of *proof* laid before them, if they felt that to do so would be a miscarriage of justice. He has since been released and the charges dismissed...but the fact of the matter is, he was grabbed off the street, thrown in jail, a huge bail was set to prevent him from getting out (also illegal)...all done maliciously. Yet the people responsible will see no consequences. They are government employees, and as such, immune from the laws that govern the rest of us.
“I was speechless:” Man charged with felony for passing out jury rights fliers in front of courthouse
The Hammonds of Harney County Oregon have been prosecuted as, and convicted as, terrorists and arsonists for starting backfires to protect their property from the fires that are the result of BLM land mismanagement). These charges and sentences are the direct result of malicious prosecution. In the Hammonds' case, the judge recognized the malicious nature of the BLM harassment and prosecution of the Hammonds (over decades) and tried to apply prosecutorial discretion from the bench. Unfortunately, he isn't the prosecutor, so the prosecutor immediately appealed his decision and a year after the Hammonds served the sentence imposed by the original judge (after noting in the judgment that the full minimum sentence would be a miscarriage of justice and cruel and unusual in this case) and managed to get the Hammonds dragged back into prison.
"Over the past several decades there has been a massive shift of power toward prosecutors, the result of politics, over-criminalization, institutional leverage and judges’ failure to provide supervision. It’s time to redress the balance. Although it doesn’t go far enough, New Hampshire’s proposed legislation is an excellent start."
"...New Hampshire’s new legislation will require that juries be informed by the court that they may refuse to convict if they feel a conviction would yield an “unjust result.” The New Hampshire legislation is good, but in my opinion it doesn’t go far enough. Juries should be empowered to punish the prosecution when they feel the prosecution is abusive or malicious."
Prosecutors have too much power. Juries should rein them in.
“I was speechless:” Man charged with felony for passing out jury rights fliers in front of courthouse
The Hammonds of Harney County Oregon have been prosecuted as, and convicted as, terrorists and arsonists for starting backfires to protect their property from the fires that are the result of BLM land mismanagement). These charges and sentences are the direct result of malicious prosecution. In the Hammonds' case, the judge recognized the malicious nature of the BLM harassment and prosecution of the Hammonds (over decades) and tried to apply prosecutorial discretion from the bench. Unfortunately, he isn't the prosecutor, so the prosecutor immediately appealed his decision and a year after the Hammonds served the sentence imposed by the original judge (after noting in the judgment that the full minimum sentence would be a miscarriage of justice and cruel and unusual in this case) and managed to get the Hammonds dragged back into prison.
"Over the past several decades there has been a massive shift of power toward prosecutors, the result of politics, over-criminalization, institutional leverage and judges’ failure to provide supervision. It’s time to redress the balance. Although it doesn’t go far enough, New Hampshire’s proposed legislation is an excellent start."
"...New Hampshire’s new legislation will require that juries be informed by the court that they may refuse to convict if they feel a conviction would yield an “unjust result.” The New Hampshire legislation is good, but in my opinion it doesn’t go far enough. Juries should be empowered to punish the prosecution when they feel the prosecution is abusive or malicious."
Prosecutors have too much power. Juries should rein them in.
