Because some held that 9-11-257 deals with possession of firearms and trespassing. It doesn't. It took some effort to get around that notion.
Quote:
There is a difference between LETTER of the law and INTENT of the law.
Our courts consider both the letter and the intent in their deliberations. We are potential jurors. It is our duty to determine what the facts are from the evidence and to see if they fit the crime. The courts interpret the law for us, but even then, a jury can show mercy and aquit if feels it is appropriate to do so.
Juries are supposed to insure that the state proves it's case against the accused beyond a reasonable doubt. In this case, and at this level in the courts, it's the District Attorney, not the Attorney General who is prosecuting the case. If the case is appealed to the higher courts, then the Attorney General may get involved.
Criminal statutes are to be construed stictly in favor of the accused according to rulings made by our state Supreme Court. If there is any reasonable doubt whatsoever that the facts fit the crime, then it is our duty to aquit.
That is my purpose for continuing to discuss this. We all need to learn how to be good jurors. If we don't discuss the different viewpoints and see the weaknesses in the different arguments, then we may not be doing our job when we are called on to determine the guilt or innocence of our fellow citizens.
As defense attorney Rusty McDonald told the jury in a federal conspiracy case that I served as a juror on, the government is large and powerful. The jury is the best hope that an accused has against abuse by our government. We need to be prepared as informed jurors if our system is to work properly.
