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Criminal Law

: Indefensible

The Wire and Jury Nullification...

By Indefensible

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While the last episode of "The Wire" may not have wrapped up as many of the plotlines as some closure-loving commentators may have liked, the final act of the writers-captured not on screen but on the pages of Time Magazine-may represent the high water mark of a politically engaged Hollywood. In the magazine this week, David Simon and his staff take dead aim at this country's war on drugs and conclude that "If asked to serve on a jury deliberating a violation of state or federal drug laws, we will vote to acquit, regardless of the evidence presented." Citing the legendary example of John Peter Zenger, they declare jury nullification in drug cases to be an act of righteous civil disobedience. The problem is that in taking their pledge to nullify, the authors have gently finessed a rather difficult and practical point-in order to acquit or hang the jury, they'll have to lie to get on the jury in the first place...continue to full post

Full post as published by Indefensible on March 18, 2008 (boomark / email).

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