On balance, jury nullification in the United States is just

Let's start by looking at Whiteflames framework. There's only one major takeaway here, and that's that it destroys his arguments. Whiteflame argues that the burden of each side is to prove what the effect of nullification, on balance, is in the pursuit of justice. He emphasizes that he doesn't want to end nullification in all circumstances, but rather that he only wants to prove it's generally bad. This contains two significant implicit concessions: a) By declining to argue that nullification is inherently unjust in every circumstance, Whiteflame implicitly concedes that there are situations where it is just. b) By advocating for a debate where we decide who "outweighs", he implicitly concedes that there will be weight on my side--that nullification is just in certain circumstances. That Whiteflame concedes right off the bat that nullification can be just is important because it utterly destroys his case, the majority of which seeks to prove that nullification as an act is inherently unjust. But if nullification is inherently unjust why would he not bite the bullet and seek to end it entirely? Whiteflame explicitly says he isn't interested in arguing that nullification is unjust in all circumstances, then does precisely that. You must drop all of his arguments against the act itself as they contradict his very framing of the debate. This is a HUGE blow for Whiteflame because he must now outweigh me on the practical effects of nullification and all he has here are two incredibly uncompelling examples of what he (falsely) claims were race based acquittals. I. Juror purpose/justiceWhat, from juries, are we due? We are due a performance from them that captures their fundamental purpose, a fair trial and sentence. Whiteflames "justice" gives us none of this. He would have jurors relegated to nothing but layman fact finders, but his explanation doesn't match up with the nature of juries--why must they be composed of a mans peers? If they exist as nothing more than untrained fact finders, we'd be better served by just creating a Corp of professionals to judge every case. But we don't because the institution of the jury exists to provide the defendant with a group of people who can emphathize with and understand them in a way that the blind legalism of the court officials cannot. My explanation far and away better complements the peer makeup of a jury. This argument that an arbitrary oath made under coercion[1], which even Whiteflame admits is vague, should outweigh the disastrously unjust effects of many convictions is absurd on its face and strips the jury of any moral autonomy whatsoever--jurors are people, not lemmings and obviously it's justified to break an oath if the alternative is a ruined life and untold societal wealth lost.Whiteflame thinks that "giving each their due" means mass incarceration for petty and victimless "crimes". II. Nullification is unjust I'll address the remainder of Whiteflames argument under this heading, and group it into motivations and justness.Motivations:Whiteflame lists three reasons that could motivate jurors to nullify, none of which are compelling arguments against the practice. First he concedes that were jurors aware of the right to nullify, for some laws the means to enforce the law would be eliminated--this is a GOOD thing. We should want to eliminate the means to enforce penalties such as fining a Mennonite farmer $4,000 for selling his neighbors fresh milk[2] or putting teenagers on the sex offender registry because they had consensual sex with their peers[3]. The fundamental assumption in Whiteflames case is that discretion is bad and that blind legalism is good--for example, his source regarding Euthanasia[4] explains that in mock trials when jurors were given instructions that included the right to nullification they were less likely to convict in cases regarding Euthanasia, more likely to convict in cases in cases of drunk driving, and equally as likely to convict in cases of murder. Not only does this obliterate his argument about dangerous criminals getting off, but he makes no argument for why discretion in highly situational and complex cases like Euthanasia is a bad thing. Why is it bad to add an extra level of scrutiny to determine if a "crime" was really a crime? Whiteflame lists some scary examples like Paul Elam who would acquit in any rape case or the hung jury in the case of the Phineas Priesthood. Unfortunately for Whiteflame, a hung jury is not an example of jury nullification--according to his own source the Phineas Priesthood members were retried and all given life sentences. Nullification only occurs in cases where the law is SO unjust that ALL TWELVE JURORS unanimously agree to ignore the law and vote to acquit even when the defendant is clearly guilty. A hung jury is NOT an example of nullification. Even assuming 30,000 people would vote to acquit in any rape charge, the probability of getting twelve of them on a jury? (30,000/235,224,016)^12 = 1.85 x 10^-47. The probability of getting a jury who would vote not to throw an A/C repairman in prison for life for bad customer service is quite high. A risk of 1.85 x 10^-47 is one I'm willing to take for such substantial payoffs. How often do juries nullify? We can't tell for sure, but I can give examples of juries nullifying absurd laws like prosecuting a man growing marijuana for his own medical use[5] or filming police[6] all day. So, racial justice. Draconian penalties for victimless crimes have caused 1/3rd of black men to be marked for life as felons[7] destroying their ability to ever lead even a moderately successful life. It's gotten so bad that Paul Butler, a prominent black intellectual, argues that black jurors should nullify in every case of non violent crime to resist the complete destruction of their community[8]. Unfair laws are almost always directed primarily against the poor and the minority who typically have no recourse to resist this oppression. What does Whiteflame have to stack against this? He has the case of Luis Ramirez where the men were convicted of assault instead of murder and sentenced to 9 years imprisonment[9]. Whiteflame claims this is an example of nullification because one article says so, but he has no evidence whatsoever that the defense's account of a typical drunken street fight gone wrong is inaccurate. Whiteflame then cites the Rodney King verdict, again blindly following the media narrative on what seems like a genuine acquittal--the jury was shown the full video of King repeatedly getting up and charging the officers[10]. Right or wrong, there's absolutely no evidence the verdict came about through nullification.These are INCREDIBLY weak examples that aren't even nullification. Whiteflame is a superb debater--that this is the best he can come up with demonstrates more than anything else how weak the case against nullification really is.Justice: Whiteflame gives three unpersuasive reasons why nullification is inherently unjust. Note that he can no longer advance these arguments because his framework contradicts them. He argues that juries should be required to evaluate the evidence, and I agree. The only person excluding evidence here is Whiteflame who wants to prevent jurors from thinking about the overall impact of their sentence and act as robots, not men. The argument that the jurors obligation to uphold their oath outweighs the impact of throwing a sock thief in prison for life is why no one takes deontology seriously--I'm sure the poor souls languishing in prison wth grossly unjust sentences are comforted by the fact that the jurors cowardly followed instructions. Juries upholding their fundamental purpose outweighs their obligation to uphold an arbitrary oath that even Whiteflame admits is vague. Whiteflame then argues that subjectivity is bad. This attack isn't unique--juries are heavily involved in sentencing as well and despite his idealism since they aren't trained fact finders there's also subjectivity to their interpretation of the "objective" facts. We should endeavour not to completely eliminate subjectivity, which is impossible, but use it to our advantage--discretion is good. Whiteflame concedes that "a sentiment shared by a whole jury may be less subjective". This destroys his case because in order to nullify a sentiment must be shared by the ENTIRE jury, minimizing subjectivity. If no system can survive subjectivity, it seems strange that our system has survived over 300 years of nullification.His final reason, that nullification circumvents democracy, is the least compelling of them all. Maybe in a real representative democracy this argument could be persuasive, but we do not live in a democracy. We live in a corporatist plutocracy where the vast majority of our laws are created by unelected agencies at the request of their friends in big business. Not a single one of our "representatives" isn't controlled by big money, and the prison industrial complex has spent $45 million on lobbying for longer sentences in the past decade[11]. Politicians, showing despicable moral cowardice, again and again refuse to change the system even though it's patently unjust and costs society untold billions per year. Whiteflame says that nullifying "subverts the system" to alter laws--the dirty little secret is that there effectively ISN'T a system to alter laws. Forty years of manifest, abject failure and tyranny and the drug war continues. A typical example: a 19 year old in Texas faces life imprisonment for baking pot brownies[12]--with laws like these, nullification is not just our right, it's our duty. A vote for Con is a vote for the system. Voters, the system has utterly failed. 1. http://goo.gl...2. http://goo.gl...3. http://goo.gl...4. http://goo.gl...5. http://goo.gl...6. http://goo.gl...7. https://goo.gl...8. http://goo.gl...9. http://goo.gl...10. http://goo.gl...11. http://goo.gl...12. http://goo.gl...