Slashdot Mirror
ElcomSoft Jury Denied Access to full DMCA Text
ryochiji writes "Wired Online is reporting in this article that the jury in the ElcomSoft trial requested access 'to the full copy of the DMCA to assist in their decision-making' but was declined. 'Instead, [Judge] Whyte said he would answer specific questions jurors had about portions of the law they must consider in determining ElcomSoft's guilt or innocence.' I don't know if this is common practice in the court of law, but it somehow doesn't sound right ..."
Yes, it is good that the jurrors get a fine-combed interpretation of the law, reviewed by the defense attorney, prosecutor, and judge. But it is still most certainly necessary that they have access to the primary data -- the text of the law. To use an analogy, I may read a review article on the free radical theory of aging. The author -- an expert in the field -- has clarified things for me and given me a good general overview. But it is still necessary -- if I am to make an informed decision about whether or not (s)he's right, and to (for example) cite the studies that the author reviewed -- for me to go to the original papers (the primary data) and read them myself.
Having the jury "understand" the law through the instructions of the court alone simply introduces an extra unnecessary point of error into the process.
social sciences can never use experience to verify their statemen
You might want to look up the Peter Zenger case. The entire principle of press freedom was established via a case of jury nullification. The jury has a right to decide on both the facts and the law.
I've been called for jury duty in both NY and IL. Interestingly, in NY, they played a tape that went over the Peter Zenger case and its importance (though they did not use the words jury nullification). Then again, in answering the judge's question I answered that yes, I would nullify if I felt it was called for. The judge and both attorney's pulled me aside, grilled me to abandon my position and when I wouldn't, the judge used his option to disqualify me from trial.
In Illinois, there was no mention of jury nullification or the Zenger case, the judge went temporarily off the record and stated to the jury that they were not to judge the law (it was the only time during the proceedings he went off record). I again answered the question that yes, I would nullify but this time was not disqualified (perhaps the judge did not notice, perhaps not, he was asking us in a group of 12 to simultaneously answer). I ended up being jury foreman and we unanimously acquited (though not on nullification grounds the law was fine, the guy just wasn't guilty).
Well, that's my own personal experience. I hope it corrects your impression that the law is not up to the jury to decide. It is and it always has been.
As was previously noted (thanks zeugma-amp), US vs Dougherty, 473 F 2d 1113, 1139 (1972) and US vs Moylan, 417 F 2d 1002, 1006 (1969) both establish that juries have a right to nullify. Are you aware of any superior court which overturned these opinions or any actual case law subsequent to these decisions that overturned them?
If not, then jury nullification is as much the law of the land as any other judicial decision.
FIJA is something like the defense of marriage act. Nobody is claiming that marriage is anything other than between a man and a woman under current law yet the Congress passed such a law.