Judge finds 'increasing' difficulty in seating marijuana juries - Cannabis Law and Politics - International Cannagraphic Magazine Forums

ambertrich · 12-23-2010, 07:14 AM

Judge finds ‘increasing’ difficulty in seating marijuana juries

By David Edwards
Wednesday, December 22nd, 2010 -- 10:21 am

It's becoming more and more difficult to find juries that will produce a guilty verdict in marijuana cases, according to a judge in Missoula County, Montana.

"I think it's going to become increasingly difficult to seat a jury in marijuana cases, at least the ones involving a small amount," District Judge Dusty Deschamps said Friday after potential jurors refused to convict a Montana man for having a 1/16 of an ounce of Marijuana.

An April 23 search of Touray Cornell's home found several used marijuana joints, a pipe, and some residue. He's is also charged with the criminal distribution of dangerous drugs.

Cornell's neighbors had called the police because they thought he was selling drugs. The defendant admitted in an affidavit that he had distributed small amounts of marijuana.

One potential juror after another told the court that they would not convict the man for possessing a 1/16 of an ounce.

Deputy Missoula County Attorney Andrew Paul told the Associated Press that the jurors staged "a mutiny."

"District Judge Dusty Deschamps took a quick poll as to who might agree," the Missoulian reported. "Of the 27 potential jurors before him, maybe five raised their hands. A couple of others had already been excused because of their philosophical objections."

"I thought, 'Geez, I don't know if we can seat a jury," Deschamps said.

Paul and Cornell's attorney, Martin Elison, worked out a plea deal during recess.

Public opinion "is not supportive of the state's marijuana law and appeared to prevent any conviction from being obtained simply because an unbiased jury did not appear available under any circumstances," Elison wrote in the plea agreement.

Cornell entered an Alford plea Friday, not admitting guilt, but acknowledging there was enough evidence to convict him. The judge sentenced Cornell to 20 years with 19 of them suspended, to be served concurrently with his sentence in a theft case. Cornell was given credit for the 200 days already served.

"I think it's going to become increasingly difficult to seat a jury in marijuana cases, at least the ones involving a small amount," the judge said.

"It's kind of a reflection of society as a whole on the issue," he added.

"If more potential jurors start turning down nonviolent drug cases, our drug laws will change," Jason Kuznicki wrote for the blog The League of Ordinary Gentlemen.

Jury nullification often happens when a law is perceived to be unjust. During alcohol prohibition, nearly 60 percent of trials were nullified by jurors. Nullification was also often used in cases involving the Alien and Sedition and Fugitive Slave Acts.

In a more recent case, George Washington University law professor John Banzhaf suspected that jury nullification was used to spare former Illinois Gov. Rod Blagojevich.

https://www.rawstory.com/rs/2010/12/j...ijuana-juries/
______________________________ _________________________

This is very good news.

benzo · 12-31-2010, 05:41 AM

thanks for the story.

Spread this around and hopefully the laws will change!

reallycoolname · 01-04-2011, 05:28 AM

This is unbelievably awesome. I guess they're still some decent people out there after all. I hope this becomes a widespread phenomenon. It leaves no doubt that there's an injustice being attempted.

DoobieDuck · 01-04-2011, 03:02 PM

Amber many thanks for posting the story..DD

SpasticGramps · 01-05-2011, 01:54 AM

Jury nullification FTW.

kmk420kali · 01-05-2011, 02:43 AM

Quote:

Originally Posted by SpasticGramps

Jury nullification FTW.

I have been called for Jury Duty...and with my record, I have no chance at all of getting on one-- So I think I am going to have the above quote put on a t-shirt (or write it with a sharpie!! lol) and see if I can't just go home the first day-- Be fun, at the least!! lol

01-05-2011, 02:57 AM

Another secret/ missing check and balance from our American "Just us"system.

How many citizens if they knew would do that thing I hate to hear a politician say "SEND A MESSAGE!"

Your laws suck and we say so.

Great news indeed, hope it catches on.

r1rider · 01-05-2011, 10:33 AM

How the hell can anyone be sentenced to 20 yrs for a 1/16 even if 19 are suspended ?

r1

mriko · 01-05-2011, 11:27 AM

Quote:

Originally Posted by r1rider

How the hell can anyone be sentenced to 20 yrs for a 1/16 even if 19 are suspended ?

r1

That's totally insane indeed

Irie !

01-06-2011, 01:46 AM

There were other charges... they dropped the possession.

12-23-2010, 07:14 AM	#1
ambertrich Senior Member Join Date: Nov 2009 Location: West Coast of the East Posts: 1,534	Judge finds 'increasing' difficulty in seating marijuana juries Judge finds ‘increasing’ difficulty in seating marijuana juries By David Edwards Wednesday, December 22nd, 2010 -- 10:21 am It's becoming more and more difficult to find juries that will produce a guilty verdict in marijuana cases, according to a judge in Missoula County, Montana. "I think it's going to become increasingly difficult to seat a jury in marijuana cases, at least the ones involving a small amount," District Judge Dusty Deschamps said Friday after potential jurors refused to convict a Montana man for having a 1/16 of an ounce of Marijuana. An April 23 search of Touray Cornell's home found several used marijuana joints, a pipe, and some residue. He's is also charged with the criminal distribution of dangerous drugs. Cornell's neighbors had called the police because they thought he was selling drugs. The defendant admitted in an affidavit that he had distributed small amounts of marijuana. One potential juror after another told the court that they would not convict the man for possessing a 1/16 of an ounce. Deputy Missoula County Attorney Andrew Paul told the Associated Press that the jurors staged "a mutiny." "District Judge Dusty Deschamps took a quick poll as to who might agree," the Missoulian reported. "Of the 27 potential jurors before him, maybe five raised their hands. A couple of others had already been excused because of their philosophical objections." "I thought, 'Geez, I don't know if we can seat a jury," Deschamps said. Paul and Cornell's attorney, Martin Elison, worked out a plea deal during recess. Public opinion "is not supportive of the state's marijuana law and appeared to prevent any conviction from being obtained simply because an unbiased jury did not appear available under any circumstances," Elison wrote in the plea agreement. Cornell entered an Alford plea Friday, not admitting guilt, but acknowledging there was enough evidence to convict him. The judge sentenced Cornell to 20 years with 19 of them suspended, to be served concurrently with his sentence in a theft case. Cornell was given credit for the 200 days already served. "I think it's going to become increasingly difficult to seat a jury in marijuana cases, at least the ones involving a small amount," the judge said. "It's kind of a reflection of society as a whole on the issue," he added. "If more potential jurors start turning down nonviolent drug cases, our drug laws will change," Jason Kuznicki wrote for the blog The League of Ordinary Gentlemen. Jury nullification often happens when a law is perceived to be unjust. During alcohol prohibition, nearly 60 percent of trials were nullified by jurors. Nullification was also often used in cases involving the Alien and Sedition and Fugitive Slave Acts. In a more recent case, George Washington University law professor John Banzhaf suspected that jury nullification was used to spare former Illinois Gov. Rod Blagojevich. https://www.rawstory.com/rs/2010/12/j...ijuana-juries/ ______________________________ _________________________ This is very good news.
	Quote 4 members found this post helpful.

12-31-2010, 05:41 AM	#2
benzo Senior Member Join Date: Mar 2010 Location: Skateboarding everywhere Posts: 1,050	thanks for the story. Spread this around and hopefully the laws will change! __________________ ROUND 3:DJshortsBlueberry in coco w/Blumats COMPLETED!!
	Quote

01-04-2011, 03:02 PM	#4
DoobieDuck Senior Member Join Date: Dec 2005 Location: Only where my disabilities allow me to be. Posts: 7,419	Amber many thanks for posting the story..DD __________________ Please join me in my Summer 2018 All Black Grow
	Quote

01-05-2011, 01:54 AM	#5
SpasticGramps Don't Drone Me, Bro! Join Date: Feb 2009 Location: On the Ponzi Bus Posts: 5,961	Jury nullification FTW. __________________ Attic Buildout "You cannot solve a problem from the same consciousness that created it. You must learn to see the world anew." Albert Einstien "WAR IS A RACKET" US Marine Corp Major General Smedley Butler (July 30, 1881 – June 21, 1940) Most Decorated Marine at the Time of his Death
	Quote

01-04-2011, 05:28 AM	#3
reallycoolname New Member Join Date: Oct 2010 Location: Seattle Posts: 20	This is unbelievably awesome. I guess they're still some decent people out there after all. I hope this becomes a widespread phenomenon. It leaves no doubt that there's an injustice being attempted.
	Quote

01-05-2011, 02:57 AM	#7
HippyJohnny Guest Posts: n/a	Another secret/ missing check and balance from our American "Just us"system. How many citizens if they knew would do that thing I hate to hear a politician say "SEND A MESSAGE!" Your laws suck and we say so. Great news indeed, hope it catches on.
	Quote

01-05-2011, 10:33 AM	#8
r1rider Member Join Date: May 2009 Posts: 250	How the hell can anyone be sentenced to 20 yrs for a 1/16 even if 19 are suspended ? r1
	Quote

01-06-2011, 01:46 AM	#10
HippyJohnny Guest Posts: n/a	There were other charges... they dropped the possession.
	Quote