Justice Sonya Sotomayor’s recent dissent in the Fourth Amendment case Utah v. Strieff got me to thinking about jury nullification. Certainly, there’s something wrong with a criminal justice system that spits out arrest warrants as though they were lottery tickets. If lawmen can’t be trusted to make wise decisions about what laws to enforce and when, then why not let taxpayer’s decide?
The Strieff decision dismayed criminal defense lawyers. A defendant was stopped, detained and questioned in what both parties agreed was an unlawful stop. In other words, Edward Strieff Jr.’s Fourth Amendment rights were violated.
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