Jury nullification, we can only hope.
Everyone's already said, so I don't have much to add. He's hosed. The law's pretty clear on the matter. Maybe he can get a jury to nullify it, that's his only chance, really. Thankfully nullification is built into the Indiana Constitution.
Jury nullification, we can only hope.
"Jury nullification" (finding the defendant not guilty when the evidence clearly shows that he committed the crime as charged) is a slippery slope. Do some research about how it was used in the south in the 1950s and early 60s - it's scary stuff.
A group of jurors in Hancock county should not rewrite the law for one person - it makes a mockery of our legal system and destroys the public's trust in the process. If the will exists to do so, the law should be changed via methods that are already in place.
It can be a D felony.
Wait and see what happens.
Seems to me cases like this give great impetus to reform the no guns in school statute.
It would not be rewriting it for one person, it would hopefully be rewriting it for all of us to an extent."Jury nullification" (finding the defendant not guilty when the evidence clearly shows that he committed the crime as charged) is a slippery slope. Do some research about how it was used in the south in the 1950s and early 60s - it's scary stuff.
A group of jurors in Hancock county should not rewrite the law for one person - it makes a mockery of our legal system and destroys the public's trust in the process. If the will exists to do so, the law should be changed via methods that are already in place.
I am more minded of the many cases where nullification was used to get around the fugitive slave laws in the 1800's. Nullification has a place and should be used when warranted."Jury nullification" (finding the defendant not guilty when the evidence clearly shows that he committed the crime as charged) is a slippery slope. Do some research about how it was used in the south in the 1950s and early 60s - it's scary stuff.
A group of jurors in Hancock county should not rewrite the law for one person - it makes a mockery of our legal system and destroys the public's trust in the process. If the will exists to do so, the law should be changed via methods that are already in place.
Hopefully he will get a good lawyer and challenge this law on the basis of its unconstitutionality per the Indiana Constitution. Recall that Article I, Section 32 says simply:
Nothing there about school property, dropping off, or otherwise. I see no exception to the right to bear arms at a school.
I was all for supporting cutting the guy some slack up until I read where he left the weapon in plain view. That is beyond dumb. I am willing to bet it gets pled down to a lesser charge (Misdemeanor)
They are not so blind as those who will not see. Our legislature has gotten a great start with the removal of the "rolling school GFZ" section of the law. They're still blind to the victim disarmament zone portion of that law.
We can only hope they'll wise up in the next session.
i see nothing that prohibits me from carrying a nuclear warhead on my person as well.
brilliant logic.
I'd hate to see the paperwork on that licensei see nothing that prohibits me from carrying a nuclear warhead on my person as well.
brilliant logic.
i see nothing that prohibits me from carrying a nuclear warhead on my person as well.
brilliant logic.