This one can have legal ramifications. Generally speaking, you can explicitly state that you are not willing to follow the law regarding the duty of jury members to make judgements of fact based on the facts presented. You should be able to defend your position, and you may be asked to do so privately.
If you were to potentially taint the jury pool by going on about nullification, that might open you up to contempt charges. I’m not saying that it should, but people interested in the subject should know that it’s a risk they run if they take that approach. Talking about nullification outside the context of a court falls under free speech, but I do think people have been cited for handing out nullification flyers outside of a court building.
I have a similar problem in that I do not believe free will exists, which shifts the idea of “guilt” from a moral to a medical dimension. I could not find anyone guilty of the crime of murder, for example, because there are a whole range of cause and effect cascades that brought the particular action about that had nothing to do with free will or choice. I do think it’s ethical to remove someone who has committed murder from society for as long as that tendency persists, but that’s a very different thing than finding someone guilty of the crime of murder, which requires mens rea - a state of mind that renders an individual as culpable for their actions. I would not find that the defendant had willfully carried out the act, any more than I’d find someone who had an epileptic seizure while driving and killed a pedestrian as guilty of murder. In order to do so, I’d require the prosecution to demonstrate a conclusive neurological argument proving the existence of free will.
I don’t think people have free will either. It doesn’t follow though that someone couldn’t be found guilty of murder. A rock doesn’t have free will, but you could say it “wants” to roll down a hill. We all “want” to do things even though those desires are the result of countless variables like genetics, upbringing, nutrition, weather.
In an ideal world the criminal justice system would be designed solely to mitigate future harm caused by criminals, and to reform them to the degree that’s possible. I don’t think punishment or vengeance should be part of the legal system. Still, we have murder charges because someone murdered someone. And we’ve got to do something about it, because otherwise the conditions that led to the first murder could lead to more.
I entirely agree with the idea that there are persons that society needs to defend itself from. It’s the same as a physical body needing to defend itself against disease. But if we take an evidence-based approach, our way of addressing the problems would shift. If we know that maternal malnutrition and severe social stresses causes hypertrophy of the amygdala of the fetus, we could cut the crime rate by fixing that part of the problem. The concentration would be on prevention first and treatment second. The treatment would probably include things like psychotherapy or medication.
Again, I think that the example of a person who has their first epileptic seizure while driving. They will lose their ability to control the vehicle, and muscle spasms may cause them to floor the accelerator. If that person were to then plow onto the sidewalk and kill a child, we would not consider that to be a murder. We wouldn’t think it was a deliberate, and we wouldn’t treat them by exorcism because they’re possessed by a demon. We also wouldn’t treat them by locking them alone in a room for five years and then let them go. We would put them on medication, we would teach them coping mechanisms and give them training and therapy for mitigation, and we would pull their driver’s license until we could determine that their medical condition no longer was likely to produce a similar harmful event.
We know that punishment based models do not work. The US has a stunningly high incarceration rate and a level of barbarism in prisons that’s pretty unique among developed countries, but nevertheless has higher recidivism and crime rates than, say, the Scandinavian countries.
This one can have legal ramifications. Generally speaking, you can explicitly state that you are not willing to follow the law regarding the duty of jury members to make judgements of fact based on the facts presented. You should be able to defend your position, and you may be asked to do so privately.
If you were to potentially taint the jury pool by going on about nullification, that might open you up to contempt charges. I’m not saying that it should, but people interested in the subject should know that it’s a risk they run if they take that approach. Talking about nullification outside the context of a court falls under free speech, but I do think people have been cited for handing out nullification flyers outside of a court building.
I have a similar problem in that I do not believe free will exists, which shifts the idea of “guilt” from a moral to a medical dimension. I could not find anyone guilty of the crime of murder, for example, because there are a whole range of cause and effect cascades that brought the particular action about that had nothing to do with free will or choice. I do think it’s ethical to remove someone who has committed murder from society for as long as that tendency persists, but that’s a very different thing than finding someone guilty of the crime of murder, which requires mens rea - a state of mind that renders an individual as culpable for their actions. I would not find that the defendant had willfully carried out the act, any more than I’d find someone who had an epileptic seizure while driving and killed a pedestrian as guilty of murder. In order to do so, I’d require the prosecution to demonstrate a conclusive neurological argument proving the existence of free will.
I won’t engage you in a discussion of free will, I refuse to do it, you can’t make me.
What will really bake your noodle is you just did.
Thatsthejoke.jpg
I like that. Can I use that? (It would really bake my noodle.)
Sure, but be aware it’s a popular line from The Matrix series specifically about predetermination!
https://youtu.be/eVF4kebiks4?si=izWhOER6wP_NBJvr
I think that prison, especially in its current state, is cruel and unusual punishment.
I also believe that a person having a criminal record that follows them for the rest of their life is cruel and unusual.
I also think removing a persons voting rights is cruel and unusual.
So, I’d have a hard time finding anyone guilty.
I don’t think people have free will either. It doesn’t follow though that someone couldn’t be found guilty of murder. A rock doesn’t have free will, but you could say it “wants” to roll down a hill. We all “want” to do things even though those desires are the result of countless variables like genetics, upbringing, nutrition, weather.
In an ideal world the criminal justice system would be designed solely to mitigate future harm caused by criminals, and to reform them to the degree that’s possible. I don’t think punishment or vengeance should be part of the legal system. Still, we have murder charges because someone murdered someone. And we’ve got to do something about it, because otherwise the conditions that led to the first murder could lead to more.
I entirely agree with the idea that there are persons that society needs to defend itself from. It’s the same as a physical body needing to defend itself against disease. But if we take an evidence-based approach, our way of addressing the problems would shift. If we know that maternal malnutrition and severe social stresses causes hypertrophy of the amygdala of the fetus, we could cut the crime rate by fixing that part of the problem. The concentration would be on prevention first and treatment second. The treatment would probably include things like psychotherapy or medication.
Again, I think that the example of a person who has their first epileptic seizure while driving. They will lose their ability to control the vehicle, and muscle spasms may cause them to floor the accelerator. If that person were to then plow onto the sidewalk and kill a child, we would not consider that to be a murder. We wouldn’t think it was a deliberate, and we wouldn’t treat them by exorcism because they’re possessed by a demon. We also wouldn’t treat them by locking them alone in a room for five years and then let them go. We would put them on medication, we would teach them coping mechanisms and give them training and therapy for mitigation, and we would pull their driver’s license until we could determine that their medical condition no longer was likely to produce a similar harmful event.
We know that punishment based models do not work. The US has a stunningly high incarceration rate and a level of barbarism in prisons that’s pretty unique among developed countries, but nevertheless has higher recidivism and crime rates than, say, the Scandinavian countries.