In practice, sort of. It's a symptom or side effect of two other really good ideas:
A jury cannot be in any way punished for any verdict they reach.
One cannot be tried for the same offense twice if it is acquitted. Technical term for this is "double jeopardy." A guilty verdict can be appealed but a not guilty verdict is absolutely final.
The shapes of these two principles are such that they cannot interlock in any way that does not leave room for jury nullification.
Wrong. They try to filter out people who know about jury nullification, but the act itself is not illegal, as you do not have to have the knowledge to accidentally do it anyway.
You do not have to lie to the judge. There is no lying to the judge. If the jury decides to ignore evidence and nullify, the judge knows exactly why, and there's nothing they can do about it.
John Oliver did an episode about jury nullification, IIRC. And it's funny how when you're on jury duty, they're not allowed to tell you about jury nullification, but they can't stop you from discussing or doing it when you're making your deciding. IMO they should be required to tell you, but as usual, those in power fear anyone outside the system having power of their own.
Jury nullification has always been a hot topic on Reddit, so of course it’s going to continue as a hot topic on Lemmy. The percentage of American Reddit and Lemmy users who know about jury nullification is doubtless at a statistically significant higher rate than the whole of the American public.
That said, you guys must know that not all people are comfortable with murder, even when it involves an asshole. And that is a good thing. We need compassionate people in the world. Compassion is cool, we need a measure of it tempering everything else.
That’s it. Just a reminder that people are gonna people. And a complete lack of surprise at yet another discussion involving jury nullification within these past 10yrs of Reddit/Lemmy.
I am intimately familiar with what a difficult road pacifism is to walk honestly and honorably. Let me tell you why I would jury nullify this guy if I could anyway.
It is abundantly clear that gun ownership is completely closed as an avenue to deal with the gun violence problem in the USA. This is the only avenue remaining available to citizens to vote on the subject of how the inevitable gun is to be used. If we cheer loud enough, maybe fewer psychotic breaks will take place at schools.
It's a TOS violation to discuss one of the very real and legitimate responsibilities you have as a juror?
Like, nullification is a thing because it's very much the absolute very very last defense against bullshit laws being used against people by a corrupt judicial system.
It's a moral imperative and something anyone sitting on a jury should understand and be willing to use.
What an absurd take, especially since it sounds like it's all the .world admins having it.
If all one had to do was utter 'JN' to get out of JD for free nobody even slightly inconvenienced would ever serve.
In reality, they dance around the fact. Ask you questions designed to get you to admit you have no 'valid' reason to nullify if you did, at which point you are either guilty of lying under oath or contempt of court.
You have to be firm in your convictions and hold your ground with a valid justification if you are going to try using nullification awareness to weasel out of jury duty because the judge will press, and press until they either think you're a true believer of a valid reason, or are just trying to shirk your duty.
It's likely not actually a TOS violation, that person commenting is almost certainly talking out of their ass, likely to try and push their own agenda and make people comply.
Also, isn't lemmy.WORLD supposed to be a worldwide instance? I can discuss jury nullification as much as I want because I'll never be in the US jury. From my point of view, if I discussed jury nullification and got banned for it, I would treat that as a quite aggressive restriction of free speech.
Like the lives of those cut short by denying treatment so CEOs and shareholders can make more money?
only God may judge us
Oh, fuck off. If God exists and actually cared, he/she/they would have "judged" the guy a long time ago for introducing needless suffering and cruelty.
god is the most cruel entity in the entirety of the bible. kills the most people, causes the most suffering. how anyone can read that book and come away with a positive view of that beast is unfathomable.
I agree, but that wasn't quite the point I was trying to make.
The moderator was on a moral superiority high-horse by suggesting that "only God may judge" a guy who served as the judge for other's lives through complacent inaction and encouraging policies that put personal gain over humanity.
The only way that argument wouldn't have been hypocritical is if he agreed that God was a cruel bastard, and I don't think that was the case.
Ok, I wasn't really that surprised when a bunch of users who were calling for more murder were getting their comments deleted. That's a bit much and users need to know how to be more vague with their threats, especially with web crawls recording and indexing everything we say online...
But censoring the discussion of a real legal process is crazy. Well, I've made a few comments regarding jury nullification. I'll report if they get deleted.
edit: It's been about 20 hours and none of my Jury Nullification comments have remained. I have a feeling that the .world mods figured out that that discussion was fine or the deleted comments has other reasons to be deleted.
Aye. There are legal rammifications to hosting comments trying to incite violence. There are none to a) pointing and laughing, or even celebrating the death of person who has done great harm to others, or b) discussing the possible outcomes of a still hypothetical jury trial.
Trying to silence the latter is stifling legal free speech.
How is jury nullification against .world ToS? It is part of the law! Or more specifically it is literally created from the absence of a law, to allow a fair trial by your peers.
Courts don't want you to know about jury nullification but it is not illegal. It is a required part of the judicial system.
They keep claiming all these things against the TOS yet you can read that and none of it's in there. I don't know what it is about these mods but they sure seem to be trying to push their own agenda.
Remember how the [email protected] mods kept pushing for months the propaganda bot from a pro-Zionist and very rightwing (so much so that their definition of a Rightwing news media was pretty much only the Far-Right ones) organisation trying to tell everybody which news to trust and which to not trust?
Also, curiously and back some months ago when I was making anti-Zionist posts in my Lemmy.world account, all of a sudden I started getting e-mails on the account I used to register on Lemmy.world from an Israeli organisation doing "Education about Israel" courses and they knew not just my e-mail but also the country I lived in (the e-mails were in my native language) even though I didn't share my email on any posts.
Still love the mods of news banned a bunch of people that were raising criticism of the shitty bot, and then the admins just ignoring it when asked about it.
I was questioning a certain mod why they banned someone for TOS violations but left up the offending comments and they were confused why anyone would question them about it.
Like if something is that bad you ban and remove it but they thought it was better to use as an example.
Simply put they just use it as their go to excuse.
I'm as much of a god as anything or anyone else, and I hereby give you all permission to judge anyone you want for any reason. This applies both going forward in perpetuity, and retroactively until the Big Bang.
I'm totally with the post here condemning this but I wish some people in this comment section would act neutrally.
This is not a lemmy.world admin, who would actually speak on behalf of the whole instance (Not that those haven't done questionable shit either, but not to this level). It's a mod on community that happens to be hosted on lemmy.world, and they are citing the lemmy.world ToS in bad faith. Just like a corrupt cop will think of some bullshit law to arrest you if they wanted to abuse their power.
I for one do hope they get removed as a mod from the community by the admins, but strangely I see very little of that being discussed. Instead there's a bunch of prepossessed conclusions made about the users of lemmy.world, which shouldn't be a surprise that the largest instance, isn't a monolith, and people don't join it for political affiliation unlike some instances. The fact the mod is at times not even receiving a single upvote should be clear that everyone is disgusted by this.
Lemmy.world users need to see this thread and this corruption from a mod on our instance, so that we can pressure them into being removed. Since communities are there also for people outside of the instance, this is a net positive for the fediverse itself if they get kicked out.
But this kind of circle jerking over how much you dislike lemmy.world, you're drowing out the actually important information, and if the first thing someone sees when entering this thread is unfounded prejudice against them, they're going to ignore it and think less of you for it in return, creating a more hostile space for everyone that has to share it. I hope everyone here that does this is aware of that self-sabotage.
Banning people for encouraging continued violence is one thing, but banning people for encouraging others not to imprison someone is actually ridiculous, regardless of their actual guilt.
I’d urge you to look at the mod logs and note the amount of “rule 1” violations that the .ml mods remove on a daily basis that don’t violate a single rule 1.
And while you’re at it, go ahead and note how many .ml accounts post daily in communities on .world that are as anti-liberal as it can get that aren’t removed.
.world actually upholds the rules. And there’s proof of that in the mod logs.
It's okay, as an atheist, I only recognize the moral authority of humankind, so judge away.
More seriously speaking, PTB. It would be one thing if the justification was "We REALLY do not want any legal trouble and we are just not equipped to take on any challenges, so we're playing it safe", but "i consider human life sacred"? They can fuck off.
Also, WTF does the mod think "jury nullification" is? Wouldn't he be against all jury trials? You'd think he'd support nullification if he really believes only God may judge us...
I know, I'm trying to make sense of the rantings of a True Believer.
The lemmy.world terms of service are not exactly a work of clear legal craftmanship. I don't always think it's a bad thing to change the TOS to match this situation that just came up, so that we'll have a consistent policy written down that everyone's had time to look over. But it's clearly been thrown together by a bunch of amateurs who are, for some reason, cosplaying as a mini-Facebook with all the mode of speaking and fake professionalism that entails.
Read our Terms of Service carefully before using this website (“the website"). These Terms of Service ("the Terms of Service" or “the document”) govern your access to and use of the website. The website is available for your use only on the condition that you agree to the Terms of Service set forth above and below. If you do not agree with all of the Terms of Service, then do not access or use Lemmy.World. By accessing or using the website, you and the entity you are authorized to represent (“user” "you" or "your") signify your agreement to be bound by the Terms of Service.
That part sounds very lawyerly. Then the rest of the document is clearly a wiki that's been edited by a variety of volunteer admins as time goes on as different situations come up, with random pieces of general internet advice intermixed with what the rules of the site are, not clearly separated into which one is which.
Before using the website, remember you will be interacting with actual, real people and communities. Lemmy.World is not a place for you to attack other people or groups of people. Just because you disagree with someone doesn't give you the right to harass them. Discuss ideas and be critical of principles. Show the respect you desire to receive.
Everyone has a right to browse and interact with Lemmy.World and other federated instances free of harassment and/or threats of violence. Please try and be kind to your fellow human, or at least civil. Trolling users is only funny if both parties find it funny. Trolling mods and/or site admins is ill-advised.
Do not engage in content manipulation such as posting spam content, vote manipulation through using several user accounts or consistently down-voting a user. Vote for the content, not for the person.
Those are all good advice. Will I get banned for violating them? If I consistently downvote a user I don't like, or if I don't show the respect I desire to receive? Or if I'm trolling, and someone doesn't find it funny?
Do I just need to intuit that if I use multiple accounts to make fake downvotes, I'll be banned, but if I just consistently downvote another user when I see them, I won't be? The whole reason for having a TOS is so that users, and admins, won't need to intuit things like that.
Then there's this. Wait for the end, there's a punchline:
Violent Content
No visual content depicting executions, murder, suicide, dismemberment, visible innards, excessive gore, or charred bodies. No content depicting, promoting or enabling animal abuse. No erotic or otherwise suggestive media or text content featuring depictions of rape, sexual assault, or non-consensual violence. All other violent content should be tagged NSFW.
6.1 War Footage
Any graphic war footage taken by either private individuals or media outlets is prohibited. Exceptions may be made for photos and videos of historical significance.
6.2 Violent Content (Exceptions)
Depictions, imagery or otherwise ancient artwork in any form, other publicly available media entertainment content depicting gore or sexual content may be excluded and allowed, as long as they are fair use, in the public domain, or tolerated by the copyright owner, and in compliance with our Content Policy, as well as all applicable laws and their local laws. For example, films depicting war or historical reenactments.
Well, that seems perfectly clear. Any graphic war footage is prohibited, except war footage. That's allowed.
Yeah its called whatever the fuck a mod wants to make up whenever the fuck they want to make it up. See some of the main mods in politics and world news.
Personally I'd recommend picking an instance that at least has Hexbear and Lemmygrad blocked, as that removes 95% of the toxicity you'd see on the platform. You can check what an instance blocks by scrolling to the bottom of their main page and clicking the instances link.
Sopuli.xyz is a really solid medium sized general instance, with good admins and an updated lemmy.
Lemmy.cafe is a nice small instance (not much local activity, so you'll need to rely on the All view and your subscriptions for that one).
If you have affinity with Anarchism (or environmentalism or sailing the high seas), Slrpnk.net and lemmy.dbzer0 are both excellent.
But if you'd like a more themed instance that appeals to a particular interest, by all means go for that instead. https://lemmyverse.net/ or the instance finder tool at https://join-lemmy.org/ are good places to find one. :)
When I first joined Lemmy, I made the same mistake.
I'm now on lemm.ee, which is quite a tolerant instance with none of the bullshit... at least not yet. .sdf is also a good instance (I have that as a backup account).
I think the only things that matter are connectivity and defederation. As long as you have a continuous healthy connection to them (no lag, etc) and they don't defederate from the rest of the fediverse you should be ok.
hexbear is objectively the best instance once you learn how to not be a liberal on there. best community, best vibes, best memes
I notice you've gotten suggestions to steer away from them because of toxicity. They're toxic to transphobes and imperialists. People who consider themselves on the left get absolutely enraged at being criticized morally from the left. Look behind anyone complaining about them and you'll realize they said some wild shit and got rightfully scorned.
Account -> Settings -> Export to a JSON file, then in the new instance after creating your new account Import it. It will remember your community subscriptions and block lists, but if people send messages to your old account there is currently no way to forward them to the new. You could put a message in your old account (Bio area I guess?) to let people know.
@[email protected] has some nice lists of instances to move to, if you haven't made a decision yet. Like lemm.ee if you want access to everything on the Fediverse - including hexbear.net and lemmygrad.ml that I don't recommend but you do you - and is the #3 Lemmy instance by size, or sh.itjust.works (#4 instance) seems quite nice. Conversely, Lemmy.cafe (UK) or quokk.au (Australia), or dubvee.org are the only ones defederated from the big three tankie instances including even lemmy.ml, if you want that. Lemmy.ca for Canada, feddit.org German + English, lemmy.dbzer0.com for anarchism, Discuss.Online for USA, and ofc there are themed ones as well.
and doesn't federate with lemmy.ml either, which is good considering that at this point it's basically lemmygrad lite and also has extreme power tripping.
Realistically it's their right to not platform specific things (including jury nullification) if they want to. It's allowed to forbid talking about certain subjects on a website, though obviously whether the users stay is up to them.
Jury nullification isn't legal, it just has no consequences. You can't be punished for a "wrong" verdict and the person cannot be tried twice. But as a juror you are asked if you know what jury nullification is / if you are going to do it, so you basically have to lie under oath to be able to do it.
I have been to jury duty multiple times AND I was never asked about it while under oath. It was discussed but explicitly not encouraged. Hell one time the judge made every one of us potential jurors in the room say removed under oath with the penalty of perjury if you refused. Being in a room full of people squirming over that is something I will never forget. It was a murder case and the defense was trying to prove that word had power over us and can make people emotional.
Good news, guys! The lords of lemmy.world are looking out for you, deciding for you what you are and are not allowed to discuss. I'm happy we have them, keeping us safe.
I think I will probably defederate my little contributional section of Lemmy from LW. I want to take some time to think about it, but this seems so overtly hostile to the principles of what a good fediverse citizen should be doing that I think it's better to start to actively refuse to cooperate with them.
If you’re referring to the emoji-based name, I was not aware that was possible. I thought that was to mask the mod name.
And I disagree that the post doesn’t matter. Context is always important, but it fills in any gaps in the “point” trying to be made.
Right now I’m being asked to take your word for it simply based on a “because… i said so” mentality. That’s not good enough, and makes this post very biased.
Edit: found it. Just look for “against lemmy.world tos”. There’s a bunch, and they all read benign.
Welp, this here is one of the problems of having big, general instances. As any group gets too big you get decisions like this being made. Find your ideal neighborhood in the fediverse and don't make another monolith
The root of the issue is that being an admin is hard work, with consistent time commitment, and it falls to whoever has enough spare time and just feels like doing it. So there's no real "standard" like there would be at a job. If you annoy the other admins, you're probably going to be gone, but other than that, they need you to be there, because finding other volunteers to take over for you is going to be difficult.
Here's what I don't understand: The social side of LW administration is clearly off the rails. I'm not even trying to say they're "bad" or power tripping or whatever. They're just amateurs jumping into what is at the best of times a difficult and neverending balancing act of good judgements, and it makes sense that they'd get it wrong sometimes. But how is the back-end admin team killing it to such a degree? I cannot imagine that running a service like lemmy.world is easy. So... how did they manage to attract people who can succeed at the objectively hard challenge of keeping the whole thing humming along, pretty successfully, when the quality of people they can attract to the much less objective-qualification-needing side of leading the mod team and the social side of admin is so haphazard?
I never really thought about it before, but it's an interesting question now that I look at it.
Smiley guy is not you. The trolley is not moving at the start, but it'll start moving once smiley guy pulls the lever. What decides the path is a lazy arse AI saying 'left', 'right', 'put glue on pizza', etc.
And you know that the smiley guy will pull the lever. Because he did it over and over and over and over.
People in the know know that behind the facade of Lemmy World the administration has acted either pretty abusively or pretty dismissive of the accusations against its abuse.
Look, fuck dotworld. Every fucking day there are posts on there crying about leftist instances, and urging everyone to defederate from .ml and hexbear. Meanwhile this is their moderation style: suppressing wildly popular opinion that threatens the liberal/capitalist status quo. They're already too big. Don't let them monopolize Lemmy like they want. Join almost any other instance.
Meanwhile this is their moderation style: suppressing wildly popular opinion that threatens the liberal/capitalist tankie/dictatorial communist status quo.
This is dotML. Dotworld isn't great with their style of moderation, but ML is very much the same but for different boot they're licking.
Ya know, I feel the "every day" is a little overblown (hell maybe it isn't, I don't need receipts lol)...but yeah the way you phrased the rest of that is exactly what was itching in the back of my brain but that I couldn't put together quite yet and needed to hear. I'll get moved over somewhere else, thanks for the nudge.
By far the most egregious authoritarian exposition of their evil.
The deep state needs social media influence to maintain disinformation monopoly. AI needs regulation for same purpose. The biggest politics, news and world news subs, need to be blocked, but they will just block real information soon enough anyway.
The biggest politics, news and world news subs, need to be blocked, but they will just block real information soon enough anyway.
Any fedi resident knows to this now... there is something off about modding on all of these. You either shill neo lib shit or you get banned...
Let's be real fedi is not big enough for this to be a proper psyop, they run that shit on big boy socials but these guys surely are acting as if they are beta testing fedi for these ops.
Either their are naive larpers doing somebody's bidding or they are in fact handled by the media whore and supporting by alphabet boys.
Let’s be real fedi is not big enough for this to be a proper psyop
100% certainty there is a bot army patrolling new, and subscribed to https://lemmy.ca/c/endlesswar for instant downvoting. Lemmy has been group thinked harder than reddit has, because reddit has some free speech zones, even if zionism is sacred to admins.
If, say, hypothetically, a hypothetical shooter of a hypothetically monstrously terrible hypothetical person--let's say, hypothetically, a health care ceo--i would hypothetically be really considering my options in terms of what decision i would make about the case.
I'm not against jury nullification exactly, but for murder? I mean if he just kicked him in the nuts fine. But this guy was already getting sued by the DOJ, this kept us from learning what he knew (which, of course, may have been the actual point of the shooting).
He was being investigated for insider trading using information he was privy to in his position as CEO. Standard everyday business stuff. No need for the conspiracy theories...
They ran an AI approval process that denied 90% of the claims for months. They denied cancer treatment children anti-nausea medication. Denied diabetes treatment multiple times. Did things that either killed people or caused them to go bankrupt to try to treat their illnesses that they paid the healthcare company to handle. UHC had 22B in profit last year. They literally made it from hurting the people stuck with them because of their jobs.
You yourself can see how excited the general public is. The healthcare companies have swung WAY too far into screw you, what you gonna do about it territory. This is RIPE for nullification.
Morally, it's trash, but morally, they were (and by proxy he was) far worse.
i was asked to moderate anything that is illegal specifically mentioning "jury nullification" and "financially supporting" this has been changed now until a larger announcement is made
many admins and moderators at .world including myself are not american, i pray that the others who are angry at me and hope they consider there are more countries with laws that are different from them
you may disagree with my faith but i consider myself fair in my removal in this violation
when trump was shot i removed comments celebrating this violence
when sinwar was killed i removed comments celebrating this violence
so when this person is murdered i remove comments celebrating this violence
when users report these comments and those above me ask me to act on this topic i continue as i have for months in these communities
there was no good-faith and productive discussion to be had when you celebrate murder
how can you call others a tankie when you dance on graves as they do?
i have sympathy for the americans who are wronged by the man murdered but instead of violence maybe you consider reading a book to understand the world around you and be open to the power of faith to restore your love of humanity instead of parading violence
i was asked to moderate anything that is illegal specifically mentioning "jury nullification"
By who, pray tell? Because at the moment it seems like you're the only mod on the server doing so.
there are more countries with laws that are different from them
In which of these countries is it illegal to discuss jury nullification in the US?
i consider myself fair in my removal in this violation
Although you took actions that are based on a version of the rules that nobody else has access to?
those above me ask me to act on this topic
Again, you're the only one acting on this topic. Who is asking you to do so? Right now it seems like you're being hung out to dry.
there was no good-faith and productive discussion to be had when you celebrate murder
Weird, I'm seeing a ton of productive discussion in this thread
how can you call others a tankie when you dance on graves as they do?
Because that's not the definition of tankie. Dancing on graves is not an aspect of any particular ideology.
instead of violence maybe you consider reading a book to understand the world around you and be open to the power of faith to restore your love of humanity instead of parading violence
Stop trying to push your fucking religion on everybody else. You're the mod of c/News, not c/Christianity.
an admin/community manager were involved in the discussion with me and other moderators
they will be making an announcement on the issue i don't know when i followed the direction from above to act on the reports and then to stop acting on them
I’ve been searching around, not very in depth mind you, and I haven’t been able to find an instance of it being outright illegal in any western country. It ranges from being an accepted function of the jury, to being something that exists theoretically within the jury system but not being explicitly discussed, neither encouraged nor discouraged, in the the legal framework, to being not applicable at all because they don’t use juries at all.
Removing the US component to this situation and knowing that LW is hosted in the EU, I can’t find a single country that would impact the ability of people to discuss jury nullification on LW.
Again this is based on some cursory searches, so if I’m wrong and jury nullification is illegal in some EU country, please let me know.
I kind of want to know who the fuck said that, and how that person can be so uninformed that they think anyone ever mentioning a part of our legal system is always illegal...
Like, the only explanation is they read something years ago, never understood it, and are too over confident to spent 2 seconds to check.
That's not behavior you want in a mod and especially not an admin.
i have sympathy for the americans who are wronged by the man murdered but instead of violence maybe you consider reading a book to understand the world around you and be open to the power of faith to restore your love of humanity instead of parading violence
Oh hey, I started reading the Bible from the beginning and in the first chapter the main character convinced a father to kill his own son then killed almost everyone on earth because he didn't like them. Are those the lessons I'm supposed to learn?
Edit: I skipped ahead a bit to the part where the punishment for having sex with someone who isn't your wife is to be stoned to death. Am I get warmer yet?
What about the part where one of the characters went around and cut off 200 penises from an ethno group he didn't like because the father of the girl he wanted to marry said 100 and he wanted to impress him?
"We are not American but we denounce all violence (except if it is done against American adversaries) and only allow posts from American favored media sources"
Did the CIA promise Lemmy.World admins green cards?
Glad it isn't my instance. A bullet for every CEO.
Where's my ban? I'll go out as anything but a coward and I don't want anything to do with your cowardly instance.
Although you might not agree with these comments you are abusing your power as a mod in order to stifle speech that you don't personally agree with. I could see it if it puts the website in danger of being taken down by some country that doesn't have as many free speech prorections as the u.s. or it violated some section of the law such as calls to violence or doxxing (giving out non-public information) Barring that, you're just abusing power.
Congratulations, you just sealed the deal for me on leaving this instance. How can I delete my account? You’re welcome to ban me by the way, if it scratches your authoritarian itch.
Give it a day or two for the LW admins to respond. Remember, they're not doing this as a full time job. This only happened today, and I would expect change on the instance to take more than one day.
Also most of the mods on LW only have one big community. Different communities will have different standards.
What are you talking about? The post is about a LW admin declaring that discussing jury nullification is grounds for banning. Did you mean to reply to something else?