Chrystul Kizer agrees a plea deal to avoid life term for shooting dead Randall Volar, whom she said was her sex-trafficker.
A Milwaukee woman has been jailed for 11 years for killing the man that prosecutors said had sex trafficked her as a teenager.
The sentence, issued on Monday, ends a six-year legal battle for Chrystul Kizer, now 24, who had argued she should be immune from prosecution.
Kizer was charged with reckless homicide for shooting Randall Volar, 34, in 2018 when she was 17. She accepted a plea deal earlier this year to avoid a life sentence.
Volar had been filming his sexual abuse of Kizer for more than a year before he was killed.
Kizer said she met Volar when she was 16, and that the man sexually assaulted her while giving her cash and gifts. She said he also made money by selling her to other men for sex.
There's this wonderful thing called "Jury Nullification"
That means if 1 juror refuses to convict then there is no conviction.
It is your privilege, right, and I daresay even duty to use this helpful tool when you deem it necessary. If you're called for Jury Duty on a case. Let's say non violent drug case. I don't believe nonviolent drug offenses should be against the law at all except in the case of something really bad like Fentanyl. So if I was called I would refuse to convict if the defendant was there for let's say Mary Jane.
But don't ever say those words. Don't allude to it. Don't discuss it with your fellow jurors. Don't Google it after you've been called. It's your secret. But it's a secret everyone should know if you get my meaning.
I just posted this somewhere else but it belongs here...
It's a jury's job to find a defendant guilty or not guilty of a given charge.
When a jury starts considering whether they feel a charge is fair, they're pretty much just making up the law. At that point you don't need a court and a jury you could just have a bunch of people deciding the defendants fate based on the vibe.
When you say they "don't want jurors to know", they simply want jurors who understand their role in finding a defendant guilty or not guilty. Thinking that nullification is a possible outcome is tantamount to a refusal to fulfil the role of a juror.
I don't think her decision to take the deal took into account whether jury nullification exists or not. The way you explained it sounds like retrocausality, though I don't know if that's the way you meant it.
Jury nullification isn't about fair outcomes, I should clarify, but about whether the law itself is lawful, representative of the people, or applied lawfully. Maybe that fits into the definition of fair I had in mind, but I was thinking on it more objectively, not subjectively.
There are proponents and opponents within the United States, true, but if a legal system does not permit punishment of jurors, then jury nullification is a logical byproduct of the system. And an important one I would argue. It fits into why trials by jury are important in a democratic legal system - the people have the final say, whether they realize it or not.
Jury nullification doesn't exist as an intended option to be afforded Jurors.
Judges instruct jurors to find defendants guilty or not guilty, there is no third "nullification" option.
Jury Nullification is the name given to this type of frustrated process. A jury unanimously declaring a defendant not-guilty of charges they know them to be guilty of is a perversion of their function.
In a democratic legal system, the people elect governments to make the laws, police enforce the laws and judges apply those laws. There is no "juries ultimately decide based on the vibe" part of democracy.
I get what you're saying, and yet it exists and a term exists for it.
I know there's no "nullification" verdict and the binary guilty/not guilty are the only recognized options, but nullification is used to describe the not guilty verdict despite any charges and evidence in a trial, which I'm sure you understand.
Why do we have a jury to decide if a defendant is guilty or not guilty when a judge is trained to do the same thing? Why do we allow a jury at all? I think there's more to the function of the jury than just guilty/not guilty or else they would be replaced with a different system.
It is very clearly not the role of a judge to decide whether a defendant is guilty or not guilty. They are not "trained" to do that. That is the role of the jury. Hence the phrase "you have been found guilty by a jury of your peers".
You have a jury to balance the power of the judge, such that a judge can not simply dole out "justice".
Defendants can elect to have a jury trial. If they don't have a jury trial, who finds them guilty or not guilty? Is it the judge? If it's the judge, why do we allow jury trials to occur when every trial could be determined by a justice of the peace?
What is "training" if not education in the laws and legal system? Are judges not educated in law school before becoming lawyers and then justices? Is this irl experience not also considered training?
In United States law, for most criminal cases that proceed to trial, trial by jury is usually a matter of course as it is a constitutional right under the Sixth Amendment and cannot be waived without certain requirements.
A bench trial is a trial by judge, as opposed to a trial by jury.
With bench trials, the judge plays the role of the jury as finder of fact in addition to making conclusions of law.
, if a defendant is entitled to a jury trial, the trial must be by jury unless the defendant waives a jury trial in writing. In the various state court systems, waiver of jury trial can vary by jurisdiction.
They can just waive it in writing. So tldr, you're wrong about the role of a judge AND about why we have juries and their role in the judicial system. Which is to be a check toward aristocracy and unfair laws. The jury literally exists specifically to decide guilty, not guilty, or null. That's why it's an option.