Reply To: jury duty or "just following orders"

CT LAwyer

That sounds fantastic! yet another reason to move to CT.

What of Jury nullification. Which I understand to mean a Jury has a right to acquit a defendant even if guilty of the charged violation. I believe this right has been upheld and at times has actually been required of judges to mention to jury (though this part has often been struck down)

Is my understanding incorrect.

DY

So thats what I said, being a murder case, I doubt I would differ with the law. Whent the judge asked for an example I said Id like to think I wouldnt find Rosa Parks in violation of the LAw in Alabama though she clearly was.

Say Metzitza B’peh was deemed illegal would you find a mohel who preformed it guilty? More to my point though, would I be wrong to acquit him? Or for that matter regarding sentencing If you knew a defendent would get an excessive prison sentence for a minor crime or for something you didnt think should be a crime like marijuana possession (hypothetically). OR if somebody felt the death penalty was immoral I think it would be wrong to find a gulity person guilty and condemn to death

(Lets leave Jospeh’s valid concern aside for my examples please)

Avram MD

“In matters of Jewish law this can be a virtue..”

Not quite. The stroy with R” Gamliel is different becasue regarding Rosh Chodesh even if Beis din is wrong even intentionally, they are still followed “Atem afilu mezidim”

Of course we have a whole mesechteh horiyos outlining when Beis din is to be disregarded. Though Their is also concern of Zekan mamre. Though I grant there are limited instances where your point is true.

“Why didn’t you say (or yell) that?”

I was on the fence It was partly becasue they were all so emphatic and the Judge was nodding so approvingly that I was concerned disagreeing without having ample time to explain myself, might be a chilul Hashem. And It wasnt really my platform to take the time I needed. I had already made my opinion known by that time after all.

But maybe I should have