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Why let only judges make the jokes then and not the people in the jury too?
Imho that's a fairness in a sometimes unfair system.
It's really not a "fairness" because every case will be heard by different jurors with no legal experience.
The "fairness" you're talking about will depend on the popularity of the accused.
Do you honestly believe Luigi would enjoy the support he has of he were an aging overweight bald guy?
At its core, jury nullification is about deciding cases based on the vibe.
I do believe that the perception of the action of which Luigi got accused weighes orders of magnitude more than the perception of his appearance or his popularity.
It's not him who was popular in the first place.
It was what was done.
Accusing him of it in turn made him popular. That would've worked for other people too.
That's not the type of popularity I'm talking about.
Luigi is young, approachable, affable, and not unattractive. I don't believe for a moment that someone without those qualities would enjoy any sympathy from a jury.
Full hearted agreement. Pretty privilege is an observable phenomenon and Luigi is a cutie.
Heck, you could even argue that sharing a name with one of the Mario Bros from Nintendo makes Luigi seem family-friendly, silly, and meme-able.
Either of which could explain a future where Luigi would be found innocent by jury nullification where an amorphous blob that represents every other possibility would be found guilty.
However, the only way to be sure is to test the hypothesis. So to all you scientists out there, go forth and collect more data points!
Not just that. He likely lowered their insurance premium as well.
Because judges have experience in law, and they have to stand by their decisions.
The judges in the USSC want to have a word with you.
Because that's how lynch mobs got off without penalties too. It's very much a case of being careful what you wish for in this case. If he gets off because the jury says it's OK to gun someone down without direct provocation, you can bet that others will too. You shot a gay man for no reason? No problem, the jury says that's fine. You shot someone you suspect of having sympathies for Democrats? Head home, the jury was packed with MAGAs.
Rich people and people in government already get away with this stuff. Our president is a felon. If people in power aren't bound by the law then citizens will act. Only holding the people who act accountable is ensuring that the people in power never have consequences.
I agree with what you are saying, but this is not a precident you want to set. Jurys are supposed to consider whether the defendant broke the law, not whether they agree with the ethics of the action. Too many miscarriages of justice have occured for 'vibes' to be an acceptable way to judge these things.
I would rather see his defence mount a case around self-defence or something of that nature (the CEO was harming Luigi or his family for instance) so that the jury have a reason to say he was within the law.
That's already a thing with pardons.
Yes, pardons get used like that, but are applied but one, theoretically accountable (I know, I know...) office. Having jurys just decide someone is not guilty because the dont like the victim seems far more likely to lead to a complete breakdown of what remains of law and order. Given what's coming, maybe that's inevitable, but I don't think encouraging it is a good idea.
Well, given that jury nullification is a thing and considering how rarely it happens, I'd rather risk the scenarios outlined by you than having no way of giving a not guilty verdict to people this way who do something illegal but legitimate.
The difficulty comes with defining shooting someone, who isn't an obvious immediate threat, as legitimate. If there's a plausible way to do that, it should be the core of his defense, if there isn't you're asking the jury to let him off just because you don't like the guy who was killed.
I hope his defense team can find a way to show that he acted in self defense against the harm the company were doing to him. That would be a plausible reason for the jury to find him not guilty, not set a precedent for letting murderers go free, and send a suitable warning to other CEOs.
I agree with your second paragraph.
I want Luigi to go free even if he did pull the trigger, because the jury comes to the conclusion that killing Brian Thompson was done, because ultimately CEOs need to be (hold) responsible or they aren't needed in the first place.
If holding them responsible due to a rigged system, alternatives need to be tolerated.
People (especially CEOs) need to consider the consequences of their actions.
Until very recently people in power could do as they please without fear of consequences. That needs to change one way or the other. I'd prefer them changing coursefor the better of all. If they won't, well...