Second Circuit Blog

Second Circuit Blog

I took the summer off! Though tempted by the O'Conner decision to step down,The death of Justice Rehnquist, the Roberts hearings and the aftermath of Katrina, I stayed the course and put other things like my health first. SO to ease my way back I figured I'd let you guys catch up with these cases while I ease my way back into the blogsphere.
For a quick review of some of the summers hottest second circuit decisions the Second Circuit blog is the place to stop! US v. Carr decides that a jury not only can't be told of its nullification rights but that it can be instructed that it has a duty to convict if it feels it has found the defenant guilty of the crime beyond a reasonable doubt. I have long argued that the jury had a right to be told that it could decline to convict, even if they felt the case had been proven beyond a reasonable doubt. Moreover no one would argue otherwise. Nevertheless the Second Circuit insists it can mislead the jury into a conviction, even if that is not what they want to do.
Well I am going to keep trying to find ways to get the concept in front of the jury and then trust in their wisdom.
As always you can leave a comment here or send it to me at www.colleluorilaw.com