A man with a string of convictions and a reputation as a drug dealer was going on trial in Montana for distributing a small amount of marijuana found in his home—if only the court could find jurors willing to send someone to jail for selling a few marijuana buds.The problem began during jury selection this month in Missoula, when a potential juror said she would have a “real problem” convicting someone for selling such a small amount. But she would follow the law if she had to, she said.
A woman behind her was adamant. “I can’t do it,” she said, prompting Judge Robert L. Deschamps III to excuse her. Another juror raised a hand, the judge recalled, “and said, ‘I was convicted of marijuana possession a few years ago, and it ruined my life.’ “ Excused.
“Then one of the people in the jury box said, ‘Tell me, how much marijuana are we talking about? ... If it was a pound or a truckload or something like that, OK, but I’m not going to convict someone of a sale with two or three buds,’ “ the judge said. “And at that point, four or five additional jurors spontaneously raised their hands and said, ‘Me, too.’ “
By that time, Deschamps knew he had a jury problem.
This good....not because I am a pot smoker, found out in high school it just made me sleepy not high, but because it is a total waste all around. No I am NOT going to argue about the effects of pot or anything like that, it's a freedom issue for me.
“We’ve got a lot of citizens obviously that are not willing to hold people accountable for sales in small amounts, or at least have some deep misgivings about it. And I think if I excuse a quarter or a third of a jury panel just to get people who are willing to convict, is that really a fair representation of the community? I mean, people are supposed to be tried by a jury of their peers.”
What a taxeater that recognises that it might be cheating or defying the spirit of the system to keep dismissing until he could stack the jury? Never say so.
“It’s becoming an increasing problem. People just don’t seem to care about marijuana cases anymore,” said Brian Towne, the LaSalle County prosecuting attorney.
The issue is ripe in Montana, which is home to the headquarters of the Fully Informed Jury Association, a national group that encourages jurors to nullify laws they believe are unjust.
H/T WIN
