5 • 951 Ratings
🗓️ 29 November 2023
⏱️ 94 minutes
🧾️ Download transcript
Juries have the ability to vote “not guilty” even when it’s clear the accused violated established law.
If a jury judges a law as unjust and refuses to convict, is that a needed recourse within our judicial system, or contrary to objective and universal justice?
Attorney Paul Townsend joins to discuss.
Click on a timestamp to play from that location
0:00.0 | Dad, don't listen to this one. |
0:02.0 | Welcome to the political orphanage, a home for plucky bailiffs and comely jurists. |
0:14.8 | I'm your host Andrew Heaton, and ain't no court this side of the Mississippi ever going |
0:19.1 | to indict me. |
0:21.0 | Today we are going to discuss jury nullification, the bet noir of all upright judges. |
0:28.0 | And we'll hear from no less than fellow political orphan and my personal defense attorney when I get into shenanigans in New York, |
0:35.3 | Paul Townsend Esquire. |
0:38.0 | Before I summon my guest from the green room, though, I want to tell a long-winded but related story involving powdered wigs, as is my want. |
0:48.8 | Our tale begins with an epileptic seizure. |
1:07.0 | In 1731, the Royal Governor of New York, a Scotsman named John Montgomery, died rather unexpectedly at the age of 47 by way of seizure. Which was not a little irritating to King George II, who would have preferred colonial administrators |
1:12.0 | scheduled their deaths ahead of time in concert |
1:15.3 | with their terms. Montgomery had ducked out early with three years left of his governorship. |
1:23.4 | That meant an upstart named Rip Van Dam became acting governor of the New York colony. |
1:29.5 | Now I don't need to tell you that Rip Van Dam had a suspiciously Dutch sounding name. But that was the least of his |
1:37.8 | irritancies. Governorships, even acting governorships, were the province of Britain's nobles who would receive the position as payment and honor from the crown. |
1:47.0 | Van Dam, who again I just want to point this out, was Dutch or at least part Dutch or something, wasn't a nobleman or even a particularly |
1:56.8 | wealthy scion of New York. His parents were middle class, his father was a carpenter, and a foreigner, kind of retroactively. |
2:05.4 | Anyway, back in 1701, way back in 1701, old Governor Cornbury got pissed off at some of the |
2:12.0 | members of the Governor's Council for |
2:13.6 | resisting the Navigation Act, and he appointed then young man Rip Van Dam into the vacancy |
2:19.2 | when he kicked them out. |
2:21.0 | Where, this rather mouthy and querulous New York upstart would proceed to percolate for the next 30 or so years? |
... |
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