This is a purely educational website. Nothing here is legal advice or creates or implies an attorney-client relationship. If you have a specific legal issue, PLEASE talk to a lawyer who practices where you live—laws vary from place to place, and how they're applied varies from courthouse to courthouse. Your local county bar association can probably refer someone.
By using this site, you agree that you are awesome. Use of this site also constitutes acceptance of its
Terms of Service and Privacy Policies, which are known to medical science as a cure for insomnia.
It's best to keep all discussions in the comments. But if you really need to reach Nathan privately, go ahead and email him at n.e.burney@gmail.com. He won't mind.
THE ILLUSTRATED GUIDE TO LAW and the PEEKING JUSTICE logo are pretty damn cool trademarks and should probably be registered one of these days.
© Nathaniel Burney. All rights reserved, though they really open up once you get to know them.
Lex iniusta non est lex: An unjust law is no law at all.
Can we use that somehow?
The problem there being they will claim said law isn’t unjust.
Some German courts have invoked the concept on occasion. I would really love to see US courts rule that any criminal law that is facially and obviously unjust (not merely a bad idea, or bad law), regardless of any government power it claims to rely on, should be declared unconstitutional as a violation of the 8th Amendment.
Isn’t that what jury nullification is?
Yes, but you should avoid mentioning jury nullification, unless you really, really want the prosecutor and/or the judge to boot you from the jury pool.