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A - Me ivcnigan uaiy - Monday, uctooer 2,1995
Oj Simpson jury could vote from hearts
LOS ANGELES (AP)-In the world
of TV viewers-turned-legal-experts in
the 0.1; Simpson case, the term "jury
nullification" is not yet part of the jar-
gon. 'Bt it could become familiar if
jurors who begin deliberations today
decide to vote from their hearts instead
of their minds.
"Jury nullification means going out-
side the law, nullifying the law," Loyola
University law Prof. Laurie Levenson
said ofthe oldest legal concept in Ameri-
can law, dating to 1670.
"It says, 'We don't care about the
evidence; our gut reaction is that this
man should go free,"' she said.
Ifthere was one thing that made pros-
ecutor Marcia Clark furious in defense
lawyer Johnnie Cochran Jr.'s summa-
tion last week, it was what she de-
nounced as an "outrageous" demand
for jury nullification.
Jury nullification means going
outside the law, nullifying the laiw."
- Laurie Levenson
Loyola University law professor
"Some see this case as screaming out
for jury nullification," Levenson said.
"Certainly Johnnie Cochran is scream-
ing for it when he asks them to send a
message about racism. ... Johnnie is
saying, 'Don't follow the instructions.
Follow your hearts."'
Cases which have resulted in jury
nullification often involved political
causes, civil disobedience or - an is-
sue raised in the Simpson case - rac-
ism.
Historically, it was a tool used by
Southern white juries to avoid convict-
ing other whites who had lynched
blacks, Levenson said. They ignored
the facts and voted from prejudice -
exactly what Judge Lance Ito told the
Simpson jurors not to do.
During the Vietnam War, lawyers rep-
resenting protesters routinely called for
jury nullification, suggesting the defen-
dants were answering to a higher law.
One of the earliest cases in which
jurors defied the law was the 1670 un-
lawful assembly trial of William Penn
for organizing Quaker meetings. The
jury was told by the judge that they
could be jailed if they failed to convict.
Nevertheless, they acquitted.
In 1740, John Peter Zenger, pub-
lisher of the New York Weekly Journal,
was jailed on a charge of seditious libel
for satirizing the king's appointed gov-
ernor for the British colonies. His law-
yer, Andrew Hamilton, argued for jury
nullification and won.
In a few states, jurors are given legal
instructions about nullification, but
California is not one of them.
Perhaps the most troubling thing
about jury nullification is that it is im-
plied rather than stated. Anyone re-
viewing the trial record would have no
overt evidence that is what the jury did.
The verdict would be "Not guilty," and
the only way that jury nullification
would become obvious would be if one
or more jurors chose to state publicly
that they had disregarded the evidence
and voted for reasons outside the law.
"It's contrary to everything you
learned in civics class," Levenson said.
"And yet it's very American. It says,
'No immoral law controls us. We're
Americans.'
"But in modern times, jury nullifica-
tion sometimes has been known as
payback."
NATIONAL REPORT
Dole may settle for smaller tax cut
WASHINGTON - Senate Majority Leader Bob Dole,
expressing surprise at the opposition of some Republican
conservatives, said yesterday he might have to give ground on
the GOP plan to cut taxes by $245 billion.
"There's been some indications even from conservative
Republicans ... that maybe we shouldn't try to go all the way
to $245 billion," Dole (R-Kan.) said on CBS' "Face the
Nation."
"Will it be $245 billion? I'm not certain at this point."
But House Speaker Newt Gingrich (R-Ga.), speaking on
ABC's "This Week With David Brinkley," noted that Dole and
other Senate leaders had voted for the $245 billion cut and said, DOle
"I think the Senate frankly is honor-bound to deliver on it."
Gingrich said it would be "virtually impossible" to win House approval of a
smaller cut.
The tax-reduction plan, a cornerstone of House Republicans' "Contract With
America," has been hammered by Democrats, who say Republicans are proposing
cuts that mainly benefit the well-off at the same time they are slashing social
programs and promoting steep cuts in the growth of Medicare and Medicaid.
Send Anyone/Anywhere A
THIS WEDNESDAY .AF30 ITle
TCPLUME"tDAVE flAkIIC DADTV A Fresh Alternative to Flowers
1
Americans bet on
booming Las Vegas
WASHINGTON - More people are
betting on Las Vegas for jobs and af-
fordable housing than any other metro-
politan area in the country.
The Census Bureau reports that the
area around the neon-washed center of
America's gambling industry grew fast-
est in the nation between 1990 and 1994
-jumping 26 percent in population, to
more than 1 million.
Overall metropolitan-area population
increased by 9.6 million, or 4.9 percent,
and the areas were home to nearly 80
percent of U.S. residents. Population
growth outside these areas was 2 mil-
lion, or 3.9 percent.
The Las Vegas metro area's popula-
tion climbed from 852,646 to 1,076,267.
All of the fastest-growing metropoli-
tan areas are in the South or West, with
Laredo and the McAllen-Edinburg-Mis-
sion areas of Texas being the second-
and third-fastest-growing regions, re-
spectively.
The 10 most rapidly declining cities
with populations greater than 100,000
were in New England, with Hartford,
Conn., experiencing the largest decline
of any during the period. Following
were New Haven, Conn.; Providence,
R.I.; Bridgeport, Conn.; and Waterbury,
Conn.
Detroit plane lands
in Belgum instead
of Germany
WASHINGTON - A Northwest
Airlines jumbo jet, bound for Ger-
many from Detroit, landed by mistake
in Belgium early last month, and the
Federal Ayiation Administration is in-
vestigating how European air traffic
controllers misdirected the plane and
why the crew failed to notice until just
before landing.
The investigation into how the
Frankfurt-bound plane landed 200
miles away in Brussels so far has traced
a trail of missed opportunities to redi-
rect the flight, including the reluctance
of flight attendants to contact the cock-
pit crew when they and the 241 passen-
gers clearly saw the path the plane was
taking on electronic map displays in
the cabin.
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Cigarette ad ban
struck down in
Canada
TORONTO-Canada's law prohib-
iting virtually all tobacco advertising
has been junked by the Supreme Court
and government regulators are contem-
plating new, less-comprehensive restric-
tions.
But the question persists: Did the ad
ban do much to curtail smoking in
Canada?
An examination of the Canadian ex-
perience offers potential lessons for
the Clinton administration as it gets
tough on tobacco companies in
America.
Links between ad restrictions and
smoking reductions are, experts note,
hazy.
The Canadian ad ban was part of a
comprehensive government anti-
smoking campaign that began in the
1980s.
It also has included high taxes on
tobacco products, boldly printed
health warnings on packages, a near-
prohibition on cigarette vending ma-
chines and limits on smoking in pub-
lic places.
Besides the ad ban, the decision struck
down required health warnings on pack-
aging and restrictions on tobacco com-
pany sponsorships of sporting events,
cultural festivals, fireworks shows and
other activities.
The Clinton administration has pro-
posed even stronger restrictions on
sports sponsorships than was the case
in Canada.
Britian goes metric;
ounds are out,
ograms are in
LONDON - So your boss, like
Shakespeare's merchant Shylock, zeal-
ously demands his 0.45 kilograms of
flesh? Beware: give him 2.54 centime-
ters and he'll take 1.6 kilometers.
Alas, such phrases could be in
Britain's future. After more than nine
centuries of pounds, inches and gal-
lons, the sceptred isle is obeying a
European Union decree and going
metric.
It's the biggest cultural change in
Britain since it abandoned shillings and
pennies for a decimal currency 25 years
ago. Traditionalists are aghast.
"Has anyone given a thought to the
English language after today?" wailed
The Sunday Telegraph. "Many of our
sayings and rhymes are as ancient as the
measurements we are to lose. Is it a case
of adapt or die?"
"This is a day of shame for all past
governments who have pawned our
heritage, knowing they can never buy it
back," lamented Conservative law-
maker Sir George Gardiner.
-- From Daily wire services
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FROM TODAY UNTIL MAY 15, 1996
orin nnlf
I EDITORIALSTAFF
Ah
NEWS Nate Hurley, Managing Editor
EDITORS: Jonathan Bemdt, Lsa Dines. Andrew Taylor, Scot Woods.
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