Could Happen Laws (Part 2)
The other week I wrote about the concept of “could happen” laws. My post referred to the opponents of conceal and carry gun laws because allowing a citizen to pack heat could result in someone getting shot. A number of laws today, including the ones covering drugs and prostitution, are based on the possibility that somebody could be harmed.
William Anderson posted a story about a man charged on the basis of “could happen”. One of the weapons citizens have against laws that inhibit liberty is to nullify or ignore government edicts. In the case of a trial for instance of a person charged with drug possession, a jury contrary to all evidence can vote the defendant not guilty on the basis that the law is wrong. I believe it was Jefferson that once declared people have a duty to ignore bad laws. The civil rights movement was an example of people turning their backs on “Jim Crow” laws.
Summarizing the story relayed by Anderson, a man in New York City stood outside a courthouse passing out leaflets arguing for jury nullification. Federal prosecutors had the man arrested and charged him with jury tampering even though he was not on trial or had any personal benefit in a specific court case, which is usually necessary to prove to find an individual guilty of trying to influence a juror or the jury.
http://www.lewrockwell.com/blog/lewrw/archives/99621.html
What is the man guilty of in the eyes of federal prosecutors? The people receiving the leaflet could happen to sit on a jury one day. The next thing you know there will be a law against team sports because the coach could happen to become a child rapist.