Al Bundy Finally Wins One

Is this something? Despite TV and popular fiction jury nullification is not common. In any criminal case the prosecution must prove, that the accused committed each and every element (or step) that comprises the offense ” beyond a shadow of a doubt”. If any link in the prosecution’s chain is weak, then the defendant gets to go home and sleep in his own bed. If it wasn’t for the fact that defendants can be incredibly stupid this can be a high burden to meet. 

Jury nullification takes place when the jury disregards the judge’s instructions, the law, the facts and finds the defendant not guilty. Keep in mind that the jury is charged with finding and weighing the facts and they have some leeway.

If one were charged with proving 1+1= 2 to a jury and Hillary was put forward for just such a purpose, it is up to the jury to decide whether or not to accept her testimony. Given the mudslinging in the current election the jury would be well within its rights to disregard her testimony, arguing that she is not credible and does not have a reputation for truth and veracity. The end result being that with no other evidence at hand, the jury could rightly conclude that 1+1= 2 is not correct. Obviously Hillary partisans would complain and detractors would be delighted. Over simplified maybe, but the jury may not be guilty of jury nullification.

At any rate, the verdict in the trial against the Bundy’s and company in Portland sure quacks like jury nullification. I may have some sympathy for Bundy’s and feel that the Federal government has been heavy handed, stupid, inept and incompetent in the way BLM operates. But I don’t have much tolerance for the way the Bundy’s conducted their business. I know that he isn’t, but I keep thinking that Al Bundy from “Married With Children” is the guiding light and philosophical foundation for the movement. It appears that the FBI put on a pretty compelling case.

Here’s the thing, this trial took place in Portland, Oregon.  It involved supposed right wingers fucking with a government program and a bird sanctuary. The Bundy’s said bad things about “The One”. Every liberal tome said bad things about the Bundy’s. This should have been ready made territory for a liberal prosecution.If the government can’t get a fair trial in Portland, what is going to happen with an election? Jury-acquits-leaders-oregon-standoff-federal-charges

You know sometimes if you listen with an open mind, you will hear that the extreme right and extreme left are bitching about the same thing. The only difference between the two is the point of perception.