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April 25, 2006

No dictionary for you — Exhibit A on why law has nothing to do with common sense

Zacarias Moussaou trial judge Leonie Brinkema has told jurors in the penalty phase of deliberations that they can’t have a dictionary, along with this explanation.
Brinkema told them that sending a dictionary in would be like adding additional evidence in the case, but she invited them to come back if they had questions about specific definitions. And she warned them against doing their own research, including looking up definitions.

What, are they going to look up the word “terrorist” and see Moussaou’s picture next to it? Or look up the word “gullible” and see a picture of the American public believing BushCo’s “war on terror” necessitated invading Iraq?

This is argument No. 647 for jury nullification — simply to throw money wrenches in the trial court system works. It’s an argument for other things as well, such as deliberately contrarian juror voting, if a smart-minded juror can’t get a judge to exercise common sense rather than the law.

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