Reason on the Radio: Radley Balko Discusses the Brian Aitken Case on NRA News

Tonight at 9:20pm ET on NRA Radio, Reason Senior Editor Radley Balko will discuss his column about New Jersey resident Brian Aitken, who is currently serving a seven year prison sentence after he was convicted of violating the state's gun laws.

Tune in to Sirius 144, XM 166, or NRANews.com to hear the interview.

Comments

[PIRS]

"Even the jurors who convicted him seem to have been looking for a reason to acquit him."

This is why we need to educate more people about Jury Nullification.
http://fija.org/

[Jordan]

Damn straight. Too bad the statist public education system ensures that the vast majority of the population will never even hear of jury nullification.

[?]

Citizen: educate yourself.

[Episiarch]

You would think that with something so stupid, the jury could come to its own version of jury nullification: we're not going to acquit when this guy is clearly not guilty. I know I would; who gives a shit what the judge tells you you "have" to do. Worst thing that happens is he declares a mistrial, and then at least you know you did the right thing. Best case, it stands, and the guy walks.

[Aresen]

I hadn't read Radley's original article before this.

IANAL, but it seems to me that, by denying Aitken the opportunity to present exculpatory evidence, the judge has seriously compromised the state's case in an appeal.

Was this judge on a power-trip or just an anti-gun fanatic who happens to be a judge?

[Fat Crack Ho]

The judge saw it as his duty to ensure a conviction. By allowing exculpatory evidence, or evidence that a jury (not educated in the ways of nullification) might've used to rationalize an acquittal, he would quite simply have been derelict in his duties.

[wylie]

The judge saw it as his duty to ensure a conviction

Justice: You're doing it wrong.

[Barely Suppressed Rage]

Was this judge on a power-trip or just an anti-gun fanatic who happens to be a judge?

Yes.

This is, after all, New Jersey.

[Woodrow Hyacinth-Smith]

Threadjack, but Balko type territory:
From Ottawa,Canada:
Ottawa police brutalize lone, 100-pound female ? and aren't fired?

[Aresen]

By and large, the Canadian media are not badge-lickers, this includes the conservative National Post.

(This is not to say that they don't indulge in the usual public wailing when an officer is killed. It is just that they are far more inclined to take the police to task for wrong-doing.)

[Nathaniel]

"...who is currently serving a seven year prison sentence after he was CONVICTING of violating the state's gun laws."

ConvictED.