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There’s Fresh Interest In Informing Potential Jurors About Jury Nullification – Above the Law

In
case
you’ve
been
living
under
a
rock
or
were
buried
under
our
bonus
notifications,
there’s
been
a
pretty
big
hubbub
about
the
December
4th
killing
of
Brian
Thompson,
UnitedHealthcare’s
late
CEO.
While
the
killing
was
caught
on
tape,
the
alleged
killer
managed
to
escape
the
scene.
NYPD
began
searching
and
acted
as
any
reasonable
police
force
would

in
a
manner
indiscernible
from
a
Netflix
PR
campaign
trying
to
farm
interest
in
a
gritty
reboot
of
Robin
Hood
where
the
titular
character
instilled
class
consciousness
and
bloodied
his
hands
for
healthcare
for
all.

At
first,
they
drew
attention
to
the
calling
cards
the
killer
left
at
the
scene:
bullet
casings
labeled
“Deny,
Defend,
Depose.”
They
upsold
their
wit
and
whimsy
by
informing
the
public
that
the
killer
dropped
a
book
bag
filled
to
the
brim
with
monopoly
money
in
Central
Park.
Oh,
and
did
I
mention
they
did
everything
they
could
to
frame
him
as
hot?
There’s
was
no
shortage
of
thirst-posting
about
the
picture
of
the
suspect
caught
flirting
at
the
hotel,
but
once
the
police
arrested
Luigi
Mangione
on
suspicion
that
he
was
the
killer,
it
only
got
worse:

Not
long
after
he
was
arrested,
people
began
openly
sympathizing
with
Luigi
and
his
back
pain


even
the
new
CEO
of
UHC
dropped
a
nothingburger
damage
control
recognition
about
how
healthcare
needs
to
change
.
Hell,
the
guy
is
so
likable
that,
evidence
be
damned,
getting
a
guilty
verdict
could
be
a
real
uphill
battle.

Before
getting
too
in
the
weeds
of
jury
nullification
without
talking
about
how
it
works,
here’s
a
quick
breakdown.
Jury
nullification,
coupled
with
voting
and
that
little
bit
in
the
Declaration
of
Independence
about
the
right
to
abolish
tyrannical
governments,
goes
to
the
very
heart
of
the
powers
vested
in
the
people
to
fight
tyranny.
Given
the
power
that
judges
and
prosecutors
wield,
how
might
the
people
stand
up
to
the
application
of
laws
or
unruly
authority
they
consider
unjust?
Well,
when
the
time
comes
for
juries
to
decide
the
fate
of
the
defendant,
they
are
told
by
the
judge
if
they
are
convinced
beyond
a
reasonable
doubt
that
the
defendant
committed
the
crimes
that
they
have
been
accused
of,
they
must
return
a
verdict
of
guilty.
Thing
is,
that

must

there
is
all
bark
and
no
bite.
Juries
cannot
be
punished
for
the
verdict(s)
that
they
hand
down
and
double
jeopardy
prevents
the
prosecution
from
just
re-accusing
the
defendant
until
they
find
a
jury
willing
to
say
guilty.
Ipso
facto,
a
jury
cannot
be
punished
for
handing
in
a
verdict
of
not
guilty
even
if
they
have
no
reasonable
doubts
that
the
accused
committed
the
crimes
they
were
accused
of.

One
tricky
bit:
since
the
capacity
to
nullify
is
widely
regarded
as
an
unfortunate
structural
consequence
of
how
jury
trials
work
and
not
a
proper
right,
you
can’t
just
tell
your
fellow
jurors

or
even
jurors
sitting
on
other
trials

that
they
should
just
ignore
whatever
the
prosecution
is
doing
and
nullify.
But
what
you
CAN
do
is
inform
the
general
public
about
the
power
and
see
what
happens.

Once
people
start
openly
discussing
jury
nullification
as
a
real
Hail
Mary,
you’d
think
that
the
cops
would
wise
up
and
stop
depicting
this
guy
like
some
sort
of
icon.
But
that’s
not
how
New
York’s
Finest
work.
Instead,
they
graduated
the
representation
from
an
attractive
folk
hero
to
a
dangerous
superhero
who
threatens
to
save
us
all
from
healthcare
woes.
No
seriously,
dude
looks
like
Superman:

We’re
at
the
point
that
how-tos
on
how
to
survive
voir
dire
long
enough
to
get
to
the
point
that
you
can
nullify
Luigi
are
widely
being
shared:

It
will
be
hard
to
gather
a
neutral
jury
for
this
case.
Right
now,
Luigi’s
approval
rating
(weird
to
say
for
an
alleged
murderer,
but
alas)
among

young
Americans
is
~41%
.
Do
you
think
the
prosecution
is
going
to
want
anybody
whose
family
member
was
denied
a
claim
by
their
insurance
company?
Anyone
with
a
preexisting
health
condition?
Some
estimates
put
that
at

about
half
of
Americans
.
Let’s
be
honest,
do
you
think
the
prosecution
wants
anyone
who’s
recently
had
internet
access?
The
public
has
been
flooded
with
all
sorts
of
UHC
horror
stories
that
would
make
Cruella
de
Vil
shudder:

Innocent
until
proven
guilty
and
all
that.
But
even
then
(according
to
41%
of
young
Americans):



Chris
Williams
became
a
social
media
manager
and
assistant
editor
for
Above
the
Law
in
June
2021.
Prior
to
joining
the
staff,
he
moonlighted
as
a
minor
Memelord™
in
the
Facebook
group Law
School
Memes
for
Edgy
T14s
.
 He
endured
Missouri
long
enough
to
graduate
from
Washington
University
in
St.
Louis
School
of
Law.
He
is
a
former
boatbuilder
who
cannot
swim, a
published
author
on
critical
race
theory,
philosophy,
and
humor
,
and
has
a
love
for
cycling
that
occasionally
annoys
his
peers.
You
can
reach
him
by
email
at [email protected] and
by
tweet
at @WritesForRent.