I really can’t see a scenario where the jury don’t find him guilty. They really don’t have a choice, they have to uphold the law as it is written. It is not within the remit of a trial to make new law.
No matter the ethical considerations he did kill someone. The law is very clear that murder is not acceptable even if you personally think it’s justifiable.
They really don’t have a choice, they have to uphold the law as it is written.
They do, indeed. However, the “written law” includes the sixth amendment to the constitution, guaranteeing the accused the right to a jury of their peers. Peers. The purpose of that right is to ensure that We The People are the ones determining if a person should be punished for a particular action. Not a government agent, or legal professional.
The flip side of the 6th amendment guarantee to the accused is that the juror owes that duty to the accused, and the juror is constitutionally empowered to reach a decision.
Constitutional powers supersede legislated law. The juror is not beholden to legislated law. Indeed, if they feel that strictly applying a lower law results in an injustice, they have a constitutionally-imposed duty to reject the short-sighted legislated law.
That question is nonsensical: 1. The jury never has to justify anything; 2. “Murder” is a legislated concept. The jury is not beholden to the legislature, and is constitutionally empowered to reject the laws they create. They do have to follow the law, but the law includes the constitution that demands and empowers them to make their decision as laypersons.
Where the jury feels that enforcing the legislated law would be an injustice, they are free to rule “not guilty”, even if they believe the accused’s actions violate that law.
To more directly answer your question, though: If the jury felt that the healthcare extortion industry was completely out of control and a clear and present danger to society in general, they could determine that the legislated prohibition against killing did not contemplate this particular killing. They could determine that the accused does not deserve to be convicted just because the legislature was shortsighted in the way they wrote the law. I’m not saying the law is actually shortsighted, nor am I saying that the jury should nullify. I’m saying that they could “uphold the law as written” and elect to acquit him under the authority conveyed to them, in the “written law” of the 6th amendment.
Something similar happened for a man who killed a Christian Science practitioner for forbidding him from taking his son to the doctor despite getting medical care himself.
This had been done after he tried to have said practitioner charged with negligent homicide and voluntary manslaughter charges over what became of the kid. The Justice System let him walk because of religious exemption, the father took revenge himself and the Jury decided that the man was merely correcting an error made by the Judge of that case.
Disclaimer: Christian Science is neither science nor Christian. It was basically a clickbait name given to a Quantum Mysticism cult that existed before Quantum Physics was really a thing. Please do not “Skydaddy” it up like a common redditor in response.
I don’t think it will happen, and especially not for something this high profile, but Jury Nullification is essentially the “he did it, but we don’t see his actions as punishable”. It’d be a huge uproar if that happened too.
I really can’t see a scenario where the jury don’t find him guilty. They really don’t have a choice, they have to uphold the law as it is written. It is not within the remit of a trial to make new law.
No matter the ethical considerations he did kill someone. The law is very clear that murder is not acceptable even if you personally think it’s justifiable.
They do, indeed. However, the “written law” includes the sixth amendment to the constitution, guaranteeing the accused the right to a jury of their peers. Peers. The purpose of that right is to ensure that We The People are the ones determining if a person should be punished for a particular action. Not a government agent, or legal professional.
The flip side of the 6th amendment guarantee to the accused is that the juror owes that duty to the accused, and the juror is constitutionally empowered to reach a decision.
Constitutional powers supersede legislated law. The juror is not beholden to legislated law. Indeed, if they feel that strictly applying a lower law results in an injustice, they have a constitutionally-imposed duty to reject the short-sighted legislated law.
Right so what part of that would allow them to justify murder?
That question is nonsensical: 1. The jury never has to justify anything; 2. “Murder” is a legislated concept. The jury is not beholden to the legislature, and is constitutionally empowered to reject the laws they create. They do have to follow the law, but the law includes the constitution that demands and empowers them to make their decision as laypersons.
Where the jury feels that enforcing the legislated law would be an injustice, they are free to rule “not guilty”, even if they believe the accused’s actions violate that law.
To more directly answer your question, though: If the jury felt that the healthcare extortion industry was completely out of control and a clear and present danger to society in general, they could determine that the legislated prohibition against killing did not contemplate this particular killing. They could determine that the accused does not deserve to be convicted just because the legislature was shortsighted in the way they wrote the law. I’m not saying the law is actually shortsighted, nor am I saying that the jury should nullify. I’m saying that they could “uphold the law as written” and elect to acquit him under the authority conveyed to them, in the “written law” of the 6th amendment.
You don’t know what Jury Nullification is do you?
It never happens. Least of all for a murder case.
There is precedent.
Something similar happened for a man who killed a Christian Science practitioner for forbidding him from taking his son to the doctor despite getting medical care himself.
This had been done after he tried to have said practitioner charged with negligent homicide and voluntary manslaughter charges over what became of the kid. The Justice System let him walk because of religious exemption, the father took revenge himself and the Jury decided that the man was merely correcting an error made by the Judge of that case.
Disclaimer: Christian Science is neither science nor Christian. It was basically a clickbait name given to a Quantum Mysticism cult that existed before Quantum Physics was really a thing. Please do not “Skydaddy” it up like a common redditor in response.
Does this count as murder? https://www.history.com/news/the-original-wild-west-showdown-bill-hickok-davis-tutt
He got arrested after killing someone and the jury found him not guilty with a lot of witnesses seeing the act.
I don’t think something that happened in the 1800s is particularly applicable to the 21st century.
I don’t think it will happen, and especially not for something this high profile, but Jury Nullification is essentially the “he did it, but we don’t see his actions as punishable”. It’d be a huge uproar if that happened too.