NORML's Daily Audio Stash
The Growing Truth About Cannabis - s t a s h . n o r m l . o r g

 

NORML's Podcast

* Your Hosts *

Allies

Blogroll

Bonghitter's Bookshelf

Cannabis Community

Legal Issues

Marijuana Movies

Podsafe Music

Reefer Madness

State and Local

Web Design

Posts Tagged ‘jury nullification’


HBO’s “The Wire” writers protest Drug War in TIME Magazine

Friday, March 7th, 2008

(TIME Magazine) We write a television show. Measured against more thoughtful and meaningful occupations, this is not the best seat from which to argue public policy or social justice. Still, those viewers who followed The Wire — our HBO drama that tried to portray all sides of inner-city collapse, including the drug war, with as much detail and as little judgment as we could muster — tell us they’ve invested in the fates of our characters. They worry or grieve for Bubbles, Bodie or Wallace, certain that these characters are fictional yet knowing they are rooted in the reality of the other America, the one rarely acknowledged by anything so overt as a TV drama.

[T]his [drug] war grinds on, flooding our prisons, devouring resources, turning city neighborhoods into free-fire zones. To what end? State and federal prisons are packed with victims of the drug conflict. A new report by the Pew Center shows that 1 of every 100 adults in the U.S. — and 1 in 15 black men over 18 — is currently incarcerated. That’s the world’s highest rate of imprisonment.

“A long habit of not thinking a thing wrong, gives it a superficial appearance of being right,” wrote Thomas Paine when he called for civil disobedience against monarchy — the flawed national policy of his day. In a similar spirit, we offer a small idea that is, perhaps, no small idea. It will not solve the drug problem, nor will it heal all civic wounds. It does not yet address questions of how the resources spent warring with our poor over drug use might be better spent on treatment or education or job training, or anything else that might begin to restore those places in America where the only economic engine remaining is the illegal drug economy. It doesn’t resolve the myriad complexities that a retreat from war to sanity will require. All it does is open a range of intricate, paradoxical issues. But this is what we can do — and what we will do.

If asked to serve on a jury deliberating a violation of state or federal drug laws, we will vote to acquit, regardless of the evidence presented. Save for a prosecution in which acts of violence or intended violence are alleged, we will — to borrow Justice Harry Blackmun’s manifesto against the death penalty — no longer tinker with the machinery of the drug war. No longer can we collaborate with a government that uses nonviolent drug offenses to fill prisons with its poorest, most damaged and most desperate citizens.

The writers of The Wire are referring to jury nullification, an American right of juries to decide the fairness of a law and not just the application of that law. A jury can choose not to enforce a law even if they believe a defendant is guilty. This check on legislative power dates back to colonial times even before our Independence Day; however, modern courts have refused to allow defense attorneys and judges to even mention to jurors that they have this power. For more information on jury nullification, visit the Fully Informed Jury Association at www.fija.org.

©2008 NORML Foundation
  • Daily Audio Stash Player

  • Important Stash

  • Premium Advertiser

  • Stash Categories

    •   (515)
    •   (42)
    •   (3)
    •   (65)
    •   (27)
    •   (87)
    •   (133)
    •   (25)
    •   (15)
    •   (22)
    •   (58)
    •   (136)
    •   (29)
    •   (144)
    •   (39)
    •   (11)
    •   (140)
    •   (71)
    •   (81)
    •   (56)
    •   (8)
    •   (8)
    •   (24)
  • Stash Comments

  • Popular Stash Topics

  • RSS Daily Audio Stash

  • RSS NORML Weekly News

    • 08-08 NORML News PodCast - Aug 8, 2008
      Join NORML In Berkeley For Our 2008 National Conference Register Today To Take Advantage Of Discounted Rates; Congress Fails To Adopt Appropriations Bill - No Opportunity to Vote on Hinchey-Rohrabacher Amendment; California: Medical Pot Statute Does Not Conflict With Federal Anti-Drug Laws; San Diego Supervisors To Appeal Ruling; interview with SSDP's Kris Krane
    • 08-01 NORML News PodCast - Aug 1, 2008
      Members Of Congress Demand An End To Federal Pot Possession Arrests; National MS Society Makes Recommendations Regarding Therapeutic Use Of Cannabis; The Tragic Death Of Rachel Hoffman -- And The Tragedy That Is Pot Prohibition; Interview with Rep. Barney Frank.
    • 07-25 NORML News PodCast - Jul 25, 2008
      Pot Compound Enhances Efficacy Of Anti-Cancer Agents, Study Says; California: Nonviolent Offender Rehabilitation Act Qualifies For November Ballot; New Orleans: District Attorney Charging Minor Pot Offenders With Felonies; Kelly Maddy on Joplin MO Decrim Effort.
  • RSS NORML Special Events

  • Stash by Date

    August 2008
    S M T W T F S
    « Jul    
     12
    3456789
    10111213141516
    17181920212223
    24252627282930
    31