The Champion

May 2010 , Page 51 

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More Polizzi and Jury 'Rectification'

By Jeffrey Buckels

Read more Informal Opinion columns.

In the July 2009 issue of The Champion, I made note of the groundbreaking opinion of Judge Jack Weinstein in a child pornography case, United States v. Polizzi.1 The case, from the Eastern District of New York, involved multiple counts of possessing and receiving images over the Internet. Judge Weinstein had ruled that, in conjunction with a defense plea for jury nullification, the Sixth Amendment did not require that the jury be made aware of the five-year mandatory minimum sentence for convictions of receiving child porn images. Following the convictions, however, Judge Weinstein reversed himself on this point and granted a new trial.

The U.S. Court of Appeals for the Second Circuit reversed this grant of a new trial in United States v. Polouizzi aka Polizzi.2 In a decision of great importance, quite apart from the nullification matter, the court of appeals sharply reduced the permissible scope of indictments in Internet child porn cases, ruling that possessing a collection of images

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