banane: banane » Blog Archive » Lame Jury
Chris Charabaruk
· 1 year ago
Yikes.
I've never been a fan of jury trials, simply because of this kind of behaviour. You'll always find that twelve random people don't have the experience and knowledge of law that you'd get in one legal professional (or gifted amateur). Perhaps back when the US was founded, it was more likely that people would have a better understanding of the legal process, at the very least, but that still strikes me as too optimistic.
I'm not saying that judge trials are the only way to go; sometimes things are better left to a committee (and that's just what a jury is) but 99 times out of 100, you'll wind up with idiots deciding on a person's future, and that's no good.
Mark Stanziano
· 12 months ago
I don't know, Chris. I am a big fan of jury trials. The ordinary citizen acts as the last check and balance on the government's overzealous enofrcement of the law; or, just the government's enforcement of bad laws. With the exception of the part about the foreperson being a bad facilitator, it sounds like things went about how they should have. If all the accused did was to get in the car and drive it a block in order to park it, what is the problem? It may have been a different outcome if the accused had driven the woman all the way home. Who knows?
But, as for the idea that judges should decide people's fate, that is not a good solution. They are not necessarily any smarter than the average person. They are not any better at determining credibility than the average person. They are more likely to favor the prosecution and its witnesses. And, as for the average person who lived when thecountry was founded, I am not sure why that person would have had a better concept of the legal proces, but I am sure that the process has changed considerably since the 1600's.
All in all, I think it is the best system in the world if you have the right lawyer. And, apparently, this particular accused did. The prosecutor should have foreseen this story being told and fashioneda better story that accounted for the defense's version of the facts.
Rebecca
· 12 months ago
That sounds like a crazy story. What a horrible foreperson! But what's the photo of last year's NYE party? ;) Is it because we drank 12 bottles of champagne and those empty bottles are like the jury? haha.
banane
· 12 months ago
I was trying to pull in the "living in SF" (the background of the photo) the sheer amount of drinking we did- 12 or so champagne bottles- and how as city residents we are wise, oh so wise, to taking cabs and busses instead of getting behind steering wheels, like those bridge & tunnelers.
gwax
· 12 months ago
As frustrating and backwards as it may seem, what your describing is, to my understanding, part of the way that a jury is supposed to work.
Many people don't realize that a jury is entitled to interpret the law. That the jury does not understand legal processes and involves their own personal views allows for a more flexible legal system, overall. Sometimes it can make the system a little too flexible but, usually, a judge can reign in a jury sufficiently to prevent things from deviating excessively from the law.
Perhaps the result wasn't what it should have been or, perhaps, it is for the common good to encourage people to take cars away from drunk drivers and park them, even if they, themselves are inebriated.
banane
· 12 months ago
Hey George (if that is indeed you) I agree- it was a good call overall. The process, though, was very f-ed up, and yet, as I say near the end, the lack of energy and attention was mostly because the cops were overzealous (&DA) and so what you get is what you get. Know what I mean?
Ford Ranger Forum
· 10 months ago
i agree with you on this completely.visited your blog first time today.but will surely come again.
All Comments
I've never been a fan of jury trials, simply because of this kind of behaviour. You'll always find that twelve random people don't have the experience and knowledge of law that you'd get in one legal professional (or gifted amateur). Perhaps back when the US was founded, it was more likely that people would have a better understanding of the legal process, at the very least, but that still strikes me as too optimistic.
I'm not saying that judge trials are the only way to go; sometimes things are better left to a committee (and that's just what a jury is) but 99 times out of 100, you'll wind up with idiots deciding on a person's future, and that's no good.
But, as for the idea that judges should decide people's fate, that is not a good solution. They are not necessarily any smarter than the average person. They are not any better at determining credibility than the average person. They are more likely to favor the prosecution and its witnesses. And, as for the average person who lived when thecountry was founded, I am not sure why that person would have had a better concept of the legal proces, but I am sure that the process has changed considerably since the 1600's.
All in all, I think it is the best system in the world if you have the right lawyer. And, apparently, this particular accused did. The prosecutor should have foreseen this story being told and fashioneda better story that accounted for the defense's version of the facts.
Many people don't realize that a jury is entitled to interpret the law. That the jury does not understand legal processes and involves their own personal views allows for a more flexible legal system, overall. Sometimes it can make the system a little too flexible but, usually, a judge can reign in a jury sufficiently to prevent things from deviating excessively from the law.
Perhaps the result wasn't what it should have been or, perhaps, it is for the common good to encourage people to take cars away from drunk drivers and park them, even if they, themselves are inebriated.
I agree- it was a good call overall. The process, though, was very f-ed up, and yet, as I say near the end, the lack of energy and attention was mostly because the cops were overzealous (&DA) and so what you get is what you get. Know what I mean?