2006/03/09

Law and Jury Failure: when Jury Nullification went missing

"Outrage After Teen Gets 10 Years for Oral Sex With Girl" was shown on primetime (ABC news). Here's what all wrong with this case:
But there was one other charge the jury had to decide on. The second girl in the videotape was 15, and the age of consent in Georgia is 16. And under state law, prosecutors charged Wilson with aggravated child molestation. To those close to the young man, it was an outrage.

"Nobody could believe that this is the law," Mann said.

Even jurors frowned on the charge. "A bad law, absolutely," Manigault said.

And in Georgia, that they'd had oral sex made matters worse. Until 1998, oral sex between husband and wife was illegal, punishable by up to 20 years in prison. In Wilson's case, even though he is only two years older than the girl, she was 15 and — willing or not — could not consent legally that night.

Whatever their feelings about the law, jurors felt they had no choice but to find Wilson guilty of aggravated child molestation. Moments later, back in the jury room, jurors were told for the first time that the conviction came with a mandatory sentence of at least 10 years in prison.
This was the perfect time for the jury to take action and do their duty of "Jury nullification." This is one of the few rights and control that the private citizen in America can exercise over the powers to be: nullifying bad laws. [The most powerful of course is the 2nd amendment, but I digress.]

Sigh: schools (especially public schools) are hot bed of poor and misleading education: guns are bad, laws are to be followed. No thinking allowed! Yet another reason to keep your children out of public school.

Update 3/10: I've posted at the abc message board my two bits....