Truckingboards Truck Drivers Forum http://www.truckingboards.com/trucking/upload en Fri, 20 Nov 2009 21:55:43 GMT vBulletin 60 http://www.truckingboards.com/trucking/upload/images/misc/rss.jpg Truckingboards Truck Drivers Forum http://www.truckingboards.com/trucking/upload What is jury nullification? http://www.truckingboards.com/trucking/upload/truck-driver-politics/71452-what-jury-nullification.html Fri, 20 Nov 2009 18:36:06 GMT Jury Nullification

by Doug Linder (2001)

What is jury nullification? Jury nullification occurs when a jury returns a verdict of "Not Guilty" despite its belief that the defendant is guilty of the violation charged. The jury in effect nullifies a law that it believes is either immoral or wrongly applied to the defendant whose fate that are charged with deciding.

When has jury nullification been practiced? The most famous nullification case is the 1735 trial of John Peter Zenger, charged with printing seditious libels of the Governor of the Colony of New York, William Cosby. Despite the fact that Zenger clearly printed the alleged libels, the only issue the court said the jury was open to decide as the truth or falsity of the statements was ruled to be irrelevant, the jury returned with a verdict of "Not Guilty."

Jury nullification appeared at other times in our history when the government has tried to enforce morally repugnant or unpopular laws. In the early 1800s, nullification was practiced in cases brought under the Alien and Sedition Act. In the mid 1800s, northern juries practiced nullification in prosecutions brought against individuals accused of harboring slaves in violation of the Fugitive Slave Laws. And in the Prohibition Era of the 1930s, many juries practiced nullification in prosecutions brought against individuals accused of violating alcohol control laws.

More recent examples of nullification might include acquittals of "mercy killers," including Dr. Jack Kevorkian, and minor drug offenders.
Do juries have the right to nullify? Juries clearly have the power to nullify; whether they also have the right to nullify is another question. Once a jury returns a verdict of "Not Guilty," that verdict cannot be questioned by any court and the "double jeopardy" clause of the Constitution prohibits a retrial on the same charge.

Early in our history, judges often informed jurors of their nullification right. For example, our first Chief Justice, John Jay, told jurors: "You have a right to take upon yourselves to judge [both the facts and law]." In 1805, one of the charges against Justice Samuel Chase in his impeachment trial was that he wrongly prevented an attorney from arguing to a jury that the law should not be followed.

Judicial acceptance of nullification began to wane, however, in the late 1800s. In 1895, in United States v Sparf, the U. S. Supreme Court voted 7 to 2 to uphold the conviction in a case in which the trial judge refused the defense attorney's request to let the jury know of their nullification power.

Courts recently have been reluctant to encourage jury nullification, and in fact have taken several steps to prevent it. In most jurisdictions, judges instruct jurors that it is their duty to apply the law as it is given to them, whether they agree with the law or not. Only in a handful of states are jurors told that they have the power to judge both the facts and the law of the case. Most judges also will prohibit attorneys from using their closing arguments to directly appeal to jurors to nullify the law.

Recently, several courts have indicated that judges also have the right, when it is brought to their attention by other jurors, to remove (prior to a verdict, of course) from juries any juror who makes clear his or her intention to vote to nullify the law.
If jurors have the power to nullify, shouldn't they be told so? That's a good question. As it stands now, jurors must learn of their power to nullify from extra-legal sources such as televised legal dramas, novels, or articles about juries that they might have come across. Some juries will understand that they do have the power to nullify, while other juries may be misled by judges into thinking that they must apply the law exactly as it is given. Many commentators have suggested that it is unfair to have a defendant's fate depend upon whether he is lucky enough to have a jury that knows it has the power to nullify.

Judges have worried that informing jurors of their power to nullify will lead to jury anarchy, with jurors following their own sympathies. They suggest that informing of the power to nullify will increase the number of hung juries. Some judges also have pointed out that jury nullification has had both positive and negative applications--the negative applications including some notorious cases in which all-white southern juries in the 1950s and 1960s refused to convict white supremacists for killing blacks or civil rights workers despite overwhelming evidence of their guilt. Finally, some judges have argued that informing jurors of their power to nullify places too much weight on their shoulders--that is easier on jurors to simply decide facts, not the complex issues that may be presented in decisions about the morality or appropriateness of laws.

On the other hand, jury nullification provides an important mechanism for feedback. Jurors sometimes use nullification to send messages to prosecutors about misplaced enforcement priorities or what they see as harassing or abusive prosecutions. Jury nullification prevents our criminal justice system from becoming too rigid--it provides some play in the joints for justice, if jurors use their power wisely. ]]> TRUCK DRIVER POLITICS ranger309 http://www.truckingboards.com/trucking/upload/truck-driver-politics/71452-what-jury-nullification.html Woman awarded $3M in rape claim against KBR http://www.truckingboards.com/trucking/upload/truck-driver-politics/71449-woman-awarded-3m-rape-claim-against-kbr.html Fri, 20 Nov 2009 15:23:06 GMT Woman awarded $3M in sexual assault claim against KBR By JUAN A. LOZANO (AP) 11/20/2009 HOUSTON — A woman who claimed she was raped in 2005... Woman awarded $3M in sexual assault claim against KBR

By JUAN A. LOZANO (AP)

11/20/2009

HOUSTON — A woman who claimed she was raped in 2005 while working in Iraq for a former Halliburton Co. subsidiary has been awarded nearly $3 million by an arbitrator to settle her case.

Tracy Barker had sued U.S. contractor KBR Inc., its former parent company Halliburton and several affiliates in May 2007, claiming she was sexually attacked by a State Department employee while working as a civilian contractor in the southern Iraqi city of Basra.

A federal judge in Houston had dismissed Barker's lawsuit in January 2008, ruling she had to abide by an employment agreement she signed that said any claims she made against the companies would have to be settled through arbitration and not the courts.

Court records filed this week show Barker was awarded a judgment of $2.93 million to settle her arbitration claim against KBR.

The Associated Press doesn't usually identify those who report they were sexually assaulted, but Barker made her identity public in her lawsuit.

"It took me a long time to get here. I'm happy about the award," Barker, 38, who lives in Yuma, Ariz., told the AP.

In a statement, Houston-based KBR said Thursday it disagreed with the interim ruling from the arbitrator and it has filed a motion to modify the award.

"However, the decision validates what KBR has maintained all along; that the arbitration process is truly neutral and works in the best interest of the parties involved," the statement said.

Barker said she was upset KBR is trying to modify the award.

In September, the 5th Circuit Court of Appeals in New Orleans ruled that a similar lawsuit filed by another ex-contract worker, Jamie Leigh Jones, could go to court in Houston instead of arbitration.

Jones filed a federal lawsuit in 2007 claiming she was raped by Halliburton and KBR firefighters while working at Camp Hope, Baghdad, in 2005.

Jones has also made her identity public in her lawsuit and her face and name have been broadcast in media reports and on her own Web site.

The Associated Press: Woman awarded $3M in assault claim against KBR ]]> TRUCK DRIVER POLITICS ranger309 http://www.truckingboards.com/trucking/upload/truck-driver-politics/71449-woman-awarded-3m-rape-claim-against-kbr.html More Homeowners Falling Behind on Mortgages http://www.truckingboards.com/trucking/upload/truck-driver-politics/71446-more-homeowners-falling-behind-mortgages.html Fri, 20 Nov 2009 14:07:28 GMT More Homeowners Falling Behind on Mortgages A rising proportion of fixed-rate home loans made to people with good credit are sinking into... More Homeowners Falling Behind on Mortgages

A rising proportion of fixed-rate home loans made to people with good credit are sinking into foreclosure with the crisis projected to persist well into next year. High unemployment is pushing more people out of homes and pulling down housing prices. Last year subprime loans drove the housing crisis.


The chief economist at Moody's Economy.com, feels that foreclosures are not going to abate anytime soon and projects that nationwide home prices will fall up to 10 percent before bottoming next fall. About 4 million homeowners were either in foreclosure or at least three months behind on their mortgage payments as of September, according to the mortgage bankers group. Even if some of them manage to stay in their homes, the market is likely to absorb a wave of new foreclosures.

http://www.google.com/hostednews/ap/article/ALeqM5jYpmP... ]]> TRUCK DRIVER POLITICS ranger309 http://www.truckingboards.com/trucking/upload/truck-driver-politics/71446-more-homeowners-falling-behind-mortgages.html check this vidieo out of school children singng praises to Obama http://www.truckingboards.com/trucking/upload/truck-driver-politics/71438-check-vidieo-out-school-children-singng-praises-obama.html Fri, 20 Nov 2009 13:30:20 GMT [youtube]http://www.youtube.com/watch?v=nxJ7t3U3TDg[/youtube] ]]> TRUCK DRIVER POLITICS Toby http://www.truckingboards.com/trucking/upload/truck-driver-politics/71438-check-vidieo-out-school-children-singng-praises-obama.html <![CDATA[Your Congressman's padded retirement]]> http://www.truckingboards.com/trucking/upload/truck-driver-politics/71429-your-congressmans-padded-retirement.html Fri, 20 Nov 2009 11:36:23 GMT David Freddoso: Your congressman's padded retirement plan | Washington Examiner ]]> TRUCK DRIVER POLITICS Toby http://www.truckingboards.com/trucking/upload/truck-driver-politics/71429-your-congressmans-padded-retirement.html Global Warming? Global Cooling baffeled what happened http://www.truckingboards.com/trucking/upload/truck-driver-politics/71428-global-warming-global-cooling-baffeled-what-happened.html Fri, 20 Nov 2009 11:32:52 GMT Stagnating Temperatures: Climatologists Baffled by Global Warming Time-Out - SPIEGEL ONLINE - News - International... Stagnating Temperatures: Climatologists Baffled by Global Warming Time-Out - SPIEGEL ONLINE - News - International

And remember they are going to Copenhagen to pass legislation and treaty's that will usurp the constitution based on this false myth ]]> TRUCK DRIVER POLITICS Toby http://www.truckingboards.com/trucking/upload/truck-driver-politics/71428-global-warming-global-cooling-baffeled-what-happened.html <![CDATA[Spared jail, the forced marriage case father who told wife: 'I'll cut out your tongue]]> http://www.truckingboards.com/trucking/upload/truck-driver-politics/71427-spared-jail-forced-marriage-case-father-who-told-wife-ill-cut-out-your-tongue.html Fri, 20 Nov 2009 11:16:54 GMT Spared jail, the forced marriage case father who told wife: 'I'll cut out your tongue'
Read more: Muslim father who staged hate campaign against own daughter over her arranged marriage given lifetime restraining order | Mail Online ]]> TRUCK DRIVER POLITICS Toby http://www.truckingboards.com/trucking/upload/truck-driver-politics/71427-spared-jail-forced-marriage-case-father-who-told-wife-ill-cut-out-your-tongue.html Anouther one from the Jane Fonda Files http://www.truckingboards.com/trucking/upload/truck-driver-politics/71426-anouther-one-jane-fonda-files.html Fri, 20 Nov 2009 11:10:11 GMT Big Government » Blog Archive » Jane Fonda: Obama Funder Jodie Evans Met With Taliban; Code Pink Gives Terrorists Direct Line to Obama... Big Government » Blog Archive » Jane Fonda: Obama Funder Jodie Evans Met With Taliban; Code Pink Gives Terrorists Direct Line to Obama ]]> TRUCK DRIVER POLITICS Toby http://www.truckingboards.com/trucking/upload/truck-driver-politics/71426-anouther-one-jane-fonda-files.html America is run by a criminal enterprise http://www.truckingboards.com/trucking/upload/truck-driver-politics/71421-america-run-criminal-enterprise.html Fri, 20 Nov 2009 05:33:02 GMT America is run by a criminal enterprise (re-posted from a liberal forum for your perusal) Edited on Thu Nov-19-09 11:33 AM by Cyrano If you’re... America is run by a criminal enterprise (re-posted from a liberal forum for your perusal)

Edited on Thu Nov-19-09 11:33 AM by Cyrano

If you’re caught with an ounce of weed, you’re a “criminal.” But if you own the majority of people who make the laws, then you’re not a “criminal” no matter what you do.

So let’s get real. You, I, and virtually everyone we know are under the thumb of the biggest criminal enterprise in the history of the world – corporate America. Those who don’t understand that are caught up in a “Matrix-like” dream world.

What’s so frustrating is that perhaps as little as one or two percent of the population controls all the rest of us. For the most part, they decide what people get to read, hear, and see; what we pay for food, water, electricity and almost everything else; and who gets to define “right” and “wrong.”

About the only place where true freedom still exists is right here on the web.

And somehow, while the web is still wide open, we have to figure out how to break free from the bondage under which we all suffer. However, given most of human history, it’s just a question of time before they also control what we can say and see here.

Some of you will agree with me, some of you will call me paranoid, and some of you will bury your heads in the sand. Nonetheless, I’d really like to hear from anyone with an idea as to how we can free ourselves from our corporate masters. ]]> TRUCK DRIVER POLITICS ranger309 http://www.truckingboards.com/trucking/upload/truck-driver-politics/71421-america-run-criminal-enterprise.html Rudy Giuliani will very likely seek U.S. Senate seat, and if elected maybe 2012 White http://www.truckingboards.com/trucking/upload/truck-driver-politics/71408-rudy-giuliani-will-very-likely-seek-u-s-senate-seat-if-elected-maybe-2012-white.html Fri, 20 Nov 2009 02:33:18 GMT Rudy Giuliani will very likely seek U.S. Senate seat, and if elected maybe 2012 White House: source ---Quote--- Rudy has a history of making up... Rudy Giuliani will very likely seek U.S. Senate seat, and if elected maybe 2012 White House: source

Quote:
Rudy has a history of making up his own mind and has no problem speaking it," she said. "When Mayor Giuliani makes a decision about serving in public office, he will inform New Yorkers on his own."
Read more: Rudy Giuliani will very likely seek U.S. Senate seat, and if elected maybe 2012 White House: source



Read more: Rudy Giuliani will very likely seek U.S. Senate seat, and if elected maybe 2012 White House: source ]]> TRUCK DRIVER POLITICS thejoe http://www.truckingboards.com/trucking/upload/truck-driver-politics/71408-rudy-giuliani-will-very-likely-seek-u-s-senate-seat-if-elected-maybe-2012-white.html Lugar’s Wife Arrested for DUI http://www.truckingboards.com/trucking/upload/truck-driver-politics/71407-lugar-s-wife-arrested-dui.html Fri, 20 Nov 2009 02:23:55 GMT Image: http://photos.upi.com/topics-SEN-LUGAR-REACTS-TO-BUSHS-SPEECH-ON-IRAQ/a8161ed42ff61b2fccd88759d85bd9aa/D.jpg Yup. Senate Foreign...


Yup. Senate Foreign Relations chairman, Indiana Senator Dick Lugar's wife has a drinking problem. She likes to drive drunk.

Sen. Lugar has been out of touch with Indiana for YEARS. I don't know how he keeps getting elected. Like Teddy Kennedy, he'll probably die in office.

Lugar’s Wife Arrested for DUI - Roll Call ]]> TRUCK DRIVER POLITICS usmcdad http://www.truckingboards.com/trucking/upload/truck-driver-politics/71407-lugar-s-wife-arrested-dui.html <![CDATA[Kerry's daughter gets DUI]]> http://www.truckingboards.com/trucking/upload/truck-driver-politics/71406-kerrys-daughter-gets-dui.html Fri, 20 Nov 2009 02:07:42 GMT Sen. Kerry’s Daughter Alexandra Arrested On Suspicion of DUI... Sen. Kerry’s Daughter Alexandra Arrested On Suspicion of DUI

Quote:
(MYFOX NATIONAL) - Sen. John Kerry’s daughter, Alexandra Forbes Kerry, was arrested in Los Angeles Thursday on suspicion of driving under the influence, police told Fox News.

The Los Angeles Police Department’s Norma Eisenman said Forbes Kerry was released on $5,000 bail but did not release any other information.

TMZ.com cited police sources as saying Forbes Kerry, a 36-year-old film producer and director, was pulled over in Hollywood at 12:40 a.m. (PST) after allegedly violating a traffic law.

what a loser. What kind of crappy POS father was John "Rambo" Kerry. ]]> TRUCK DRIVER POLITICS bubba74 http://www.truckingboards.com/trucking/upload/truck-driver-politics/71406-kerrys-daughter-gets-dui.html Need an Abortion, Let me pay for that http://www.truckingboards.com/trucking/upload/truck-driver-politics/71405-need-abortion-let-me-pay.html Fri, 20 Nov 2009 02:03:55 GMT Republican Leader John Boehner | Sen. Reid’s Government-Run Health Plan Requires a Monthly Abortion Fee... Republican Leader John Boehner | Sen. Reid’s Government-Run Health Plan Requires a Monthly Abortion Fee

Quote:
Just like the original 2,032-page, government-run health care plan from Speaker Nancy Pelosi’s (D-CA), Senate Majority Leader Harry Reid’s (D-NV) massive, 2,074-page bill would levy a new “abortion premium” fee on Americans in the government-run plan.

Beginning on line 7, p. 118, section 1303 under “Voluntary Choice of Coverage of Abortion Services” the Health and Human Services Secretary is given the authority to determine when abortion is allowed under the government-run health plan. Leader Reid’s plan also requires that at least one insurance plan offered in the Exchange covers abortions (line 13, p. 120).

What is even more alarming is that a monthly abortion premium will be charged of all enrollees in the government-run health plan. It’s right there beginning on line 11, page 122, section 1303, under “Actuarial Value of Optional Service Coverage.” The premium will be paid into a U.S. Treasury account – and these federal funds will be used to pay for the abortion services.

Section 1303(a)(2)(C) describes the process in which the Health Benefits Commissioner is to assess the monthly premiums that will be used to pay for elective abortions under the government-run health plan and for those who are given an affordability credit to purchase insurance coverage that includes abortion through the Exchange. The Commissioner must charge at a minimum $1 per enrollee per month.
I wonder if those Dems that said they would vote against this will stick to their guns ]]> TRUCK DRIVER POLITICS bubba74 http://www.truckingboards.com/trucking/upload/truck-driver-politics/71405-need-abortion-let-me-pay.html Making Them Read It http://www.truckingboards.com/trucking/upload/truck-driver-politics/71403-making-them-read.html Fri, 20 Nov 2009 01:49:38 GMT Health bill could get 34-hour reading in Senate - Washington Times... Health bill could get 34-hour reading in Senate - Washington Times

Quote:
The 2,074-page Senate health care bill would take 34 hours to read cover to cover -- and that's just what Sen. Tom Coburn wants done on the Senate floor.

The Oklahoma Republican has threatened to invoke parliamentary rules to force the Senate clerk (or more likely, a team of clerks) to read the massive bill before the full Senate begins formal debate on the legislation.

The move is strictly according to Senate rules, which say any senator can demand a bill be read in its entirety before debate begins. While Democrats could, if they wish, repeatedly make motions to end the soliloquy, Republicans on the floor could object, and the reading would continue.

What's even more interesting is that Senate Rule XIV (paragraph 2) states that every bill and joint resolution "shall receive three readings prior to its passage."
after the reading there should be a test for comprehension. ]]> TRUCK DRIVER POLITICS bubba74 http://www.truckingboards.com/trucking/upload/truck-driver-politics/71403-making-them-read.html Why No One Expects a Strong Recovery http://www.truckingboards.com/trucking/upload/truck-driver-politics/71398-why-no-one-expects-strong-recovery.html Fri, 20 Nov 2009 01:22:26 GMT ---Quote--- Why all the pessimism? The source appears to be a growing fear that the federal government is retreating from the free-market economic...
Quote:
Why all the pessimism? The source appears to be a growing fear that the federal government is retreating from the free-market economic principles of the last half-century, and in particular the strong growth policies that began under Ronald Reagan.
Quote:
A review of the economic policies instituted by President Barack Obama and the Democratic-controlled Congress lends credibility to this concern.
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Virtually none of the stimulus spending was directed towards encouraging broad-based private investment, and thus failed to encourage true economic growth.
WSJ's Article Redirect ]]> TRUCK DRIVER POLITICS thejoe http://www.truckingboards.com/trucking/upload/truck-driver-politics/71398-why-no-one-expects-strong-recovery.html