No relation to the sports channel.

  • 9 Posts
  • 930 Comments
Joined 2 years ago
cake
Cake day: June 9th, 2023

help-circle

  • Jury nullification is a real thing, but it is often misunderstood … mostly because right-wing libertarians and sovereign-citizen kooks have spent decades pushing conspiracy theory about it.

    It isn’t an affirmative right of individual citizens to get onto juries and individually block the enforcement of the law. An individual juror cannot nullify. Rather, jury nullification is a logical consequence of two important rules in our legal system:

    1. Double jeopardy: if a defendant gets a “not-guilty” verdict from a jury, that defendant cannot be retried for that same crime.
    2. Juror independence: the judge cannot order the jury to return a particular verdict, nor punish them for the verdict they return.

    Double jeopardy is in the US Constitution. Juror independence is inherited from English common law, where it was established in 1670 in an infamous case where a judge imprisoned and tortured jurors for not returning the verdict the judge wanted.

    Because of these two principles, if a jury returns a “not-guilty” verdict, the defendant goes free; even if the verdict seems blatantly contrary to the facts and the law. Even if the jury is blatantly wrong, nobody in the system has any authority to do anything about it — not the judge, not the prosecutor, not the cops.

    If you are summoned to be on a jury and you make it clear that you do not intend to judge the case on the facts and the law, you will be dismissed from the jury in voir dire. If you preach nullification to your fellow jurors, you might cause a mistrial: the defendant will not be freed; the court will just get a new jury, and the defendant will go back to jail in the meantime.

    A mistrial does not free the defendant. A hung jury (refusing to come to a consensus) does not free the defendant. Only a not-guilty verdict frees the defendant.




















  • Regex is good for a few very specific things, and sysadmins used to use it for goddamn everything. If all your server logs are in lightly-structured text files on a small number of servers, being able to improvise regex is damn useful for tracking down server problems. Just write a shell loop that spawns an ssh logging into each server and running grep over the log files, to look for that weird error.

    These days, if you need to crunch production server logs you probably need to improvise in SQL and jq and protobufs or systemd assmonkery or something.

    But if you actually need a parser, for goodness sake use a parser combinator toolkit, don’t roll your own, especially not with regex. Describing your input language in plain Haskell is much nicer than kludging it.

    (This is the “totally serious software engineering advice” forum, right?)