• schizo@forum.uncomfortable.business
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    19 days ago

    It’s a TOS violation to discuss one of the very real and legitimate responsibilities you have as a juror?

    Like, nullification is a thing because it’s very much the absolute very very last defense against bullshit laws being used against people by a corrupt judicial system.

    It’s a moral imperative and something anyone sitting on a jury should understand and be willing to use.

    What an absurd take, especially since it sounds like it’s all the .world admins having it.

    • originalucifer@moist.catsweat.com
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      19 days ago

      theres no faster way to get kicked out of the selection process than mentioning it.

      if you want out of jury duty, mention jury nullification and you are out of there.

      • Cephalotrocity@biglemmowski.win
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        19 days ago

        … and in jail for contempt of court.

        If all one had to do was utter ‘JN’ to get out of JD for free nobody even slightly inconvenienced would ever serve.

        In reality, they dance around the fact. Ask you questions designed to get you to admit you have no ‘valid’ reason to nullify if you did, at which point you are either guilty of lying under oath or contempt of court.

        You have to be firm in your convictions and hold your ground with a valid justification if you are going to try using nullification awareness to weasel out of jury duty because the judge will press, and press until they either think you’re a true believer of a valid reason, or are just trying to shirk your duty.

        • surph_ninja@lemmy.world
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          19 days ago

          Link me even one case of that happening.

          If they think you even might support nullification, they don’t want you on the jury. They wouldn’t risk that you’re joking or trying to get out of serving.

            • surph_ninja@lemmy.world
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              19 days ago

              Those are cases of attempting to encourage specific juries to nullify. You’re not gonna be held in contempt for revealing you support jury nullification during selection.

              • Cephalotrocity@biglemmowski.win
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                19 days ago

                held in contempt for revealing you support jury nullification during selection.

                Yes, you will. If you flat out say “I support Jury Nullification” during voir dire the judge will consider it flagrant contempt for the courts and deal with you accordingly.

                What will actually happen is you will be asked a vague question that skirts the issue like “do you have any beliefs which would render you unable to convict or acquit based on the evidence alone?”. If you answer in the affirmative an explanation will be demanded at which point what will your answer be? “I support jury nullification”, same deal. If you have an actual belief that gets in the way like say you abhor the death penalty they will say things like ‘case is regarding a traffic ticket, your concerns do not apply. any other reasons?’. Their goal being to show that any of your reasons either do not apply, or are insufficient in the judge’s eyes for you not to do your duty. At that point you’d still be a juror and if you do nullify for whatever reason there’s nothing they can do afaik.

                You’re dreaming if you think you wouldn’t be punished for praising jury nullification in front of a judge and an entire slew of potential jurors during voir dire, when someone was handing out fliers outside the court building was convicted despite no court being in session, no actual juror receiving the pamphlet, and it held on appeals.

                TBH you want evidence, the evidence is the court system still functioning because if what you said was true it would collapse in on itself.

                • _cryptagion@lemmy.dbzer0.com
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                  19 days ago

                  This is pure bullshit. And that’s not just my opinion, Cornell Law School explains jury nullification on their website, and lists multiple examples of it. Juries in the United States are protected, and you cannot be held responsible for refusing to convict. You will not be punished for it, and if you are, then your rights have been violated and you have a case to sue the government.

                • M0oP0o@mander.xyz
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                  19 days ago

                  Yes, you will. If you flat out say “I support Jury Nullification” during voir dire the judge will consider it flagrant contempt for the courts and deal with you accordingly.

                  Source? Cause this is some wild shit.

        • odelik@lemmy.today
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          19 days ago

          Jurors cannot be punished for an incorrect verdict in the USA (where a potential trial would be held if the guy is caught).

    • Draconic NEO@lemmy.dbzer0.com
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      19 days ago

      It’s likely not actually a TOS violation, that person commenting is almost certainly talking out of their ass, likely to try and push their own agenda and make people comply.

    • _cryptagion@lemmy.dbzer0.com
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      19 days ago

      Lemmy.world is a centrist instance. Liberals don’t like the idea that people can do something that the donor class can’t prevent.

  • nimble@lemmy.blahaj.zone
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    19 days ago

    How is jury nullification against .world ToS? It is part of the law! Or more specifically it is literally created from the absence of a law, to allow a fair trial by your peers.

    Courts don’t want you to know about jury nullification but it is not illegal. It is a required part of the judicial system.

    • reksas@sopuli.xyz
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      19 days ago

      so trying to prevent people knowing about is is more akin to trying to prevent people from knowing what rights they have?

    • AwesomeLowlander@sh.itjust.worksOP
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      19 days ago

      Based on past behaviour, the .world ToS generally gets modified to justify whatever actions they’ve taken AFTER they’ve already taken it.

      • PhilipTheBucket@ponder.cat
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        19 days ago

        The lemmy.world terms of service are not exactly a work of clear legal craftmanship. I don’t always think it’s a bad thing to change the TOS to match this situation that just came up, so that we’ll have a consistent policy written down that everyone’s had time to look over. But it’s clearly been thrown together by a bunch of amateurs who are, for some reason, cosplaying as a mini-Facebook with all the mode of speaking and fake professionalism that entails.

        Read our Terms of Service carefully before using this website (“the website"). These Terms of Service (“the Terms of Service” or “the document”) govern your access to and use of the website. The website is available for your use only on the condition that you agree to the Terms of Service set forth above and below. If you do not agree with all of the Terms of Service, then do not access or use Lemmy.World. By accessing or using the website, you and the entity you are authorized to represent (“user” “you” or “your”) signify your agreement to be bound by the Terms of Service.

        That part sounds very lawyerly. Then the rest of the document is clearly a wiki that’s been edited by a variety of volunteer admins as time goes on as different situations come up, with random pieces of general internet advice intermixed with what the rules of the site are, not clearly separated into which one is which.

        Before using the website, remember you will be interacting with actual, real people and communities. Lemmy.World is not a place for you to attack other people or groups of people. Just because you disagree with someone doesn’t give you the right to harass them. Discuss ideas and be critical of principles. Show the respect you desire to receive.

        Everyone has a right to browse and interact with Lemmy.World and other federated instances free of harassment and/or threats of violence. Please try and be kind to your fellow human, or at least civil. Trolling users is only funny if both parties find it funny. Trolling mods and/or site admins is ill-advised.

        Do not engage in content manipulation such as posting spam content, vote manipulation through using several user accounts or consistently down-voting a user. Vote for the content, not for the person.

        Those are all good advice. Will I get banned for violating them? If I consistently downvote a user I don’t like, or if I don’t show the respect I desire to receive? Or if I’m trolling, and someone doesn’t find it funny?

        Do I just need to intuit that if I use multiple accounts to make fake downvotes, I’ll be banned, but if I just consistently downvote another user when I see them, I won’t be? The whole reason for having a TOS is so that users, and admins, won’t need to intuit things like that.

        Then there’s this. Wait for the end, there’s a punchline:

        1. Violent Content

        No visual content depicting executions, murder, suicide, dismemberment, visible innards, excessive gore, or charred bodies. No content depicting, promoting or enabling animal abuse. No erotic or otherwise suggestive media or text content featuring depictions of rape, sexual assault, or non-consensual violence. All other violent content should be tagged NSFW.

        6.1 War Footage

        Any graphic war footage taken by either private individuals or media outlets is prohibited. Exceptions may be made for photos and videos of historical significance.

        6.2 Violent Content (Exceptions)

        Depictions, imagery or otherwise ancient artwork in any form, other publicly available media entertainment content depicting gore or sexual content may be excluded and allowed, as long as they are fair use, in the public domain, or tolerated by the copyright owner, and in compliance with our Content Policy, as well as all applicable laws and their local laws. For example, films depicting war or historical reenactments.

        Well, that seems perfectly clear. Any graphic war footage is prohibited, except war footage. That’s allowed.

    • TropicalDingdong@lemmy.world
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      19 days ago

      Yeah its called whatever the fuck a mod wants to make up whenever the fuck they want to make it up. See some of the main mods in politics and world news.

  • young_broccoli@fedia.io
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    19 days ago

    Imagine describing the denial of medical care to thousands in the name of profits as a “mistake”.

    What a clown!

    • _cryptagion@lemmy.dbzer0.com
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      19 days ago

      Only when it might give ordinary Americans the ability to prevent corps from taking revenge on someone who stood up to them. That’s not very centrist.

  • ArcaneSlime@lemmy.dbzer0.com
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    19 days ago

    That’s insane lol. They also get mad when you stand outside the courthouse and hand out pamphlets about it, wonder if this fool works in the system.

  • merthyr1831@lemmy.ml
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    19 days ago

    I love Lemmy dot world mods, every few weeks they have some weird drama and think they can patch it out with a change to the TOS

      • Draconic NEO@lemmy.dbzer0.com
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        19 days ago

        *Not an admin, the user is a mod. Look at their account on their home instance and you’ll see they aren’t an admin.

        Image of their account page

        Calling out bad behavior from mods is good but please don’t spread misinformation, intentionally or not. As it hurts the credibility of the claims.

          • Draconic NEO@lemmy.dbzer0.com
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            19 days ago

            Ah that’s good, glad the information has been corrected. I’d also recommend editing the post title to clarify that it’s a mod talking out of their ass, as opposed to something officially true.

      • Deceptichum@quokk.au
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        19 days ago

        Same shit. Many .world mods have access to an automod to give them admin powers such as bans.

    • themoonisacheese@sh.itjust.works
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      19 days ago

      Realistically it’s their right to not platform specific things (including jury nullification) if they want to. It’s allowed to forbid talking about certain subjects on a website, though obviously whether the users stay is up to them.