Martin S. Weinberg | |
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Born | |
Nationality | American |
Occupation(s) | Sociologist and sex researcher |
Notable work |
Martin S. Weinberg (born January 23, 1939) is an American sociologist whose work frequently involves human sexuality. His major areas of interest include sociology of the body, sociology of deviance and control, and interpretive sociology.[1]
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The Law You Won't Be Told
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Meatloaf's Paradise by the Dashboard Light Drum Cover
Transcription
# The Law You Won't Be Told On a Jury you know your options: guilty, or not. But there's another choice that neither the judge nor the lawyers will tell you -- often because they're not allowed to and also it might better if you *don't* know. This video will tell you that third choice, but be warned: simply *watching* may prevent you from ever serving on a jury -- so this is your last chance to hit the pause button before you learn about... Jury nullification: when the defendant is 100% beyond-a-reasonable-doubt guilty *but* the jurors *also* think he shouldn't be punished. The jury can nullify the law and let him go free. But before your on your next jury and yell 'Null! Booya!' at the judge you should know that just talking about jury nullification in the wrong circumstances can get you arrested. Though a video such as this one, simply acknowledging the *existence* of jury nullification and in *no way advocating* it is totally OK. And, while we're at it: *(CGP Grey is not a lawyer, this is not legal advice it is meant for entertainment purposes only. Seriously, guy, don't do anything in a court of law based on what an Internet Video told you. No joke.)* So why can't you do this? It's because nullification isn't *in* the law †, but exists as a logical consequence of two other laws: First: that juries can't be punished for a 'wrong' decision -- no matter the witnesses, DNA, or video proof show. That's the point of a jury: to be the decider. and Second: when a defendant is found not-guilty, that defendant can't be tried again for the same crime ‡. So there *are* only two stated options: guilty or not, it's just that jury nullification is when the words of the jurors don't match their thoughts -- for which they can't be punished and their not-guilty decision can't be changed. These laws are necessary for juries to exist within a fair system, but the logical consequence is... contentious -- lawyers and judges argue about jury nullification like physicists argue about quantum mechanics. Both are difficult to observe and the interpretation of both has a huge philosophical ramification for the subject as a whole. Is nullification the righteous will of the people or an anarchy of twelve or just how citizens judge their laws? The go-to example in favor of nullification is the fugitive slave law: when Northern juries refused to convict escaped slaves and set them free. Can't argue with that. But the anarchy side is Southern juries refusing to convict white lynch mobs. Not humanity at its best. But both of these are juries nullifying the law. Also juries have *two* options where their thoughts may differ from their words. Jury nullification usually refers to the non-guilty version but juries can convict without evidence just as easily as they can acquit in spite of it. This is jury nullification too and the jurors are protected by the first rule, though the second doesn't apply and judges have the power to overrule a guilty verdict if they think the jurors are… nt the best. And, of course, a guilty defendant can appeal, at least for a little while. Which makes the guilty form of jury nullification weaker than the not-guilty kind. Cold comfort, though. Given the possibility of jurors who might ignore the law as written, it's not surprising when picking jurors for a trial, lawyers -- whose existence is dependent on an orderly society -- will ask about nullification, usually in the slightly roundabout way: "Do you have any beliefs that might prevent you from making a decision based strictly on the law?" If after learning about jury nullification you think it's a good idea: answer 'yes' and you'll be rejected, but answer 'no' with the intent to get on the jury to nullify and you've just committed perjury -- technically a federal crime -- which makes the optimal strategy once on a jury to zip it. But This introduces a problem for jurors who intend to nullify: telling the other 11 angry men about your position is risky, which makes nullification as a tool for fixing unjust laws nation wide problematic. (Not to mention about 95% of criminal charges in the United States never make it to trial and rather end in a plea bargain, but that's a story for another time.) The only question about jury nullification that may matter is if jurors should be *told* about it and the courts are near universal † in their decision: 'no way'. Which might seem self-interested -- again, courts depend on the law -- but there's evidence that telling jurors about nullification changes the way they vote by making evidence less relevant -- which isn't surprising: that's what nullification *is*. But mock trials also show sympathetic defendants get more non-guilty verdicts and unsympathetic defendants get more *guilty* verdicts in front of jurors who were explicitly told about nullification compared to those who weren't. Which sounds bad, but it also isn't difficult to imagine situations where jurors blindly following the law would be terribly unjust -- which is the heart of nullification: juries judge the law, not solely evidence. In the end righteous will of the people, or anarchy, or citizen lawmaking -- the system leaves you to decide -- but as long as courts are fair they require these rules, so jury nullification will always be with us.
Life and career
Weinberg earned a bachelor's degree from St. Lawrence University in 1960 and a master's degree in 1961 from University of Massachusetts Amherst. He earned his Ph.D. in sociology from Northwestern University in 1965. He began his teaching career that year at Northwestern, then worked as assistant professor at Rutgers University from 1965 to 1968. From 1968 to 1980 he served as a senior research sociologist at the Kinsey Institute.[2] During that time he was also faculty in the sociology department as associate professor from 1968 to 1974. He became a full professor in 1974. He has served as visiting professor at State University of New York at Albany (1981), University of Maryland at Baltimore County (1985–1988), and University of Auckland (1998 and 2003).
In 1995 Weinberg received the International Distinguished Scientific Achievement Award from the Society for the Scientific Study of Sexuality, which made him a Fellow in 1999. He is a charter member of the International Academy of Sex Research. In 2002 he received the Simon-Gagnon Award for Outstanding Contributions to the Study of Sexualities from the American Sociological Association.
In 2004 he won the Magnus Hirschfeld Medal for Outstanding Contributions to Sexual Science from the German Society for Social-Scientific Sexuality Research.
Selected bibliography
- Sexual Preference: Its Development in Men and Women
- Homosexualities: A Study of Diversity Among Men and Women
- Homosexuality: An Annotated Bibliography
- Deviance: The Interactionist Perspective
- The Study of Social Problems: Seven Perspectives
- Male Homosexuals: Their Problems and Adaptations
- Dual Attraction: Understanding Bisexuality
- Sex Research: Studies from the Kinsey Institute
- Gay baths and the social organization of impersonal sex
- Homosexual identity: Commitment, adjustment, and significant others
- Social Constituents of Sadomasochism
See also
References
- ^ Brody, Jane E. (August 23, 1981). Kinsey study finds homosexuals show early predisposition. New York Times
- ^ Buckley, Tom (April 20, 1969). All they talk about is sex, sex, sex. New York Times
External links
- Martin Weinberg via Indiana University