this post was submitted on 06 Dec 2024
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Ye Power Trippin' Bastards
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This is a community in the spirit of "Am I The Asshole" where people can post their own bans from lemmy or reddit or whatever and get some feedback from others whether the ban was justified or not.
Sometimes one just wants to be able to challenge the arguments some mod made and this could be the place for that.
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Lemmy.world should compare its TOS to the law before being abandoned.
Realistically it's their right to not platform specific things (including jury nullification) if they want to. It's allowed to forbid talking about certain subjects on a website, though obviously whether the users stay is up to them.
Jury nullification isn't legal, it just has no consequences. You can't be punished for a "wrong" verdict and the person cannot be tried twice. But as a juror you are asked if you know what jury nullification is / if you are going to do it, so you basically have to lie under oath to be able to do it.
Anything that is not illegal is legal.
No consequences doesn't mean it is legal.
You don't seem to understand the legal system. Unless something is explicitly stated as a violation of the law, it is legal. Jury nullification is not listed as an illegal act, hence it is legal. There is no in between, as you seem to think there is.
You don't seem to understand what being under oath means. Breaking an oath is explicitly stated as a violation of the law. They just cannot tell if you knew or not. But they will remove you from a jury if you talk about nullification with the other jurors. Break an oath by lying about something provable and get it proven and see what happens then and how legal it is.
There is a difference between jury nullification and answering under oath. They are not the same act, you seem to have conflated the two. It is possible to engage in jury nullification without knowing the concept exists, and that would be perfectly legal.
https://fija.org/library-and-resources/library/jury-nullification-faq/is-jury-nullification-legal.html
So you established that lying under oath is illegal. So the knowledge of how jury nullification works and answering that you have no idea / intention to do it when you do is illegal. So now in the context of this thread - calling people to knowingly lie under oath and nullify the jury is illegal. You even called it "naughty stuff". So stop being a pedant and saying "oh but people might not know about it and do it" yeah, they can. Doesn't mean someone spreading the info on how to do it and encouraging it isn't calling for a crime to be committed.
In reference to the comment from the mod. Stop taking my words out of context.
We are discussing legal terms here. Jury nullification is not illegal. Lying under oath is. They are two separate things. Declaring that jury nullification is illegal is wrong.
Would you kindly point to any instance where I advised lying under oath?
You may want to check out 'Questions about Jury Nullification'
https://fija.org/library-and-resources/resources/jury-selection/answering-questions.html
I have been to jury duty multiple times AND I was never asked about it while under oath. It was discussed but explicitly not encouraged. Hell one time the judge made every one of us potential jurors in the room say removed under oath with the penalty of perjury if you refused. Being in a room full of people squirming over that is something I will never forget. It was a murder case and the defense was trying to prove that word had power over us and can make people emotional.