The Accurate Reloading Forums THE ACCURATE RELOADING.COM FORUMS Other Topics Miscellaneous Topics Jury Nullification????Go | New | Find | Notify | Tools | Reply | |
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xxxxxxxxxx When considering US based operations of guides/outfitters, check and see if they are NRA members. If not, why support someone who doesn't support us? Consider spending your money elsewhere. NEVER, EVER book a hunt with BLAIR WORLDWIDE HUNTING or JEFF BLAIR. I have come to understand that in hunting, the goal is not the goal but the process. | ||
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Don't know if it was nullification as much as sloppy police work and not much evidence. | |||
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There's probably a mixture of both. I think the defendant had a good lawyer, who pointed out other possible scenarios, which opened enough of a gap for the jury to come back with this verdict. In fact, there is almost no doubt he killed him. It's not mentioned in the above article, but the police found an empty holster, bullets, etc in the defendant's house. Some how the gun was never found. I think the jury wanted to find him not guilty and his lawyer gave them a reason to do so. A man and his sons pushing a truck because they're out of gas probably doesn't have enough money to make it worthwhile, but I feel almost certain he would lose in a civil case. xxxxxxxxxx When considering US based operations of guides/outfitters, check and see if they are NRA members. If not, why support someone who doesn't support us? Consider spending your money elsewhere. NEVER, EVER book a hunt with BLAIR WORLDWIDE HUNTING or JEFF BLAIR. I have come to understand that in hunting, the goal is not the goal but the process. | |||
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I am not a lawyer, but I believe jury nullification is when the jury decides that the law is wrong and refuses to convict. This case was relatively local to me and from everything I had heard, there was an extreme dearth of solid evidence against the father. Just because you BELIEVE someone did it, does not make it so. The fact that he had an empty holster and ammo!??!! Please!!! I have a box full of holsters for guns that I have and guns that I used to own and I have ammo for just about every standard caliber commonly available, does that mean I am a suspect? The eyewitness is a new one that I had not heard of, but it must not have been too credible and most honest cops and prosecutors will tell you that eyewitnesses, especially at night are notoriously unreliable. They tend to interpret what they BELIEVE they saw to fit the situation. To me, the odds are that the father OR possibly a relative from their nearby house did it, do I really care? Not when I think about the description of one of the boys, both legs cut off, dying as his father tried to do CPR and his mother hearing the cries of her dying son, while the other son lay in a ditch, dead, because a drunken douchebag decided to drive drunk. I suspect that the jury felt the same way. DRSS(We Band of Bubba's Div.) N.R.A (Life) T.S.R.A (Life) D.S.C. | |||
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Not really. Whether it was JN or not in this case, we'll never know because we weren't in on the deliberations. But here is a simple definition of JN, (my bold) A sanctioned doctrine of trial proceedings wherein members of a jury disregard either the evidence presented or the instructions of the judge in order to reach a verdict based upon their own consciences. It espouses the concept that jurors should be the judges of both law and fact. Your "feelings" above, are exactly why it might have been, to some extent, JN. There is almost no real doubt the father shot him. Otherwise you'd have to believe some unknown individual was in the truck, that no one saw, changed sides of the truck while bleeding, left no blood, and shot the driver thru the driver's side window AND he did this while the father went home and returned to lean in the window and a gunshot was heard. I mean, really. A verdict in a criminal trial is "beyond a reasonable doubt", not absolute certainty. It is my opinion that the prosecution was so certain of his guilt and the jury agreeing that they didn't prepare as well as they should have. Lucky for the father. FWIW if I had gotten on the jury (unlikely), I would have voted "not guilty" too. xxxxxxxxxx When considering US based operations of guides/outfitters, check and see if they are NRA members. If not, why support someone who doesn't support us? Consider spending your money elsewhere. NEVER, EVER book a hunt with BLAIR WORLDWIDE HUNTING or JEFF BLAIR. I have come to understand that in hunting, the goal is not the goal but the process. | |||
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Actually what would have been interesting was if they had found the gun. This was clearly a case of circumstantial evidence with no chance of conviction. Small town Texas juries don't nec. care about the law, they care about what is right and what is wrong. I think even had they had the gun the dad used to shoot the drunk (which we all know he did), I don't think you'd have gotten a unanimous verdict.....and it's be a toss up on the 10 of 12 for a civil verdict as well. There are two types of people in the world: those that get things done and those who make excuses. There are no others. | |||
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This was not jury nullification, this was a case that never should have been brought. I predicted an aquittal, in this very pro-prosecution venue of Harris County, Texas, at the outset. The prosecution had no evidence. They had a hell of a motive. They had a pretty good theory. But they had no, none, nada, physical evidence. No gun. No GSR. They didn't even have any, not one, witness to testify that they saw the defendant fire the fatal shot. A conviction was impossible, especially given the sympathy factor. And, had there been a conviction, it couldn't have held up on appeal -- there was no evidence. This was an abuse of process by the prosecuter and the case never should have been brought. | |||
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Even if they found the gun and had a witness, I'm still not sure they would have got a conviction. I bet over half the people were rooting for the guy. | |||
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I've lived in some small western towns where (had they the ability), the jury would have given the father a gold medal or at least a "good neighbor" plaque. And I think that is as it should be. I am a "true believer" when it comes to Jury Nullification. To me it is far more important to do what is right than what "the law" requires. | |||
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