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Forgive me for basis a lot of my argument off a single comic/link, but this comic blog from a lawyer helps explain why the Jury system is very much so a problem

by csydas 10y ago

Forgive me for basis a lot of my argument off a single comic/link, but this comic blog from a lawyer helps explain why the Jury system is very much so a problem (mildly long read): http://thecriminallawyer.tumblr.com/post/16202923895/interlude-the-jury http://thecriminallawyer.tumblr.com/post/16202923895/interlu... In short, you're asking jurors to take on a huge responsibility with little to no understanding of the laws they're being expected to make a decision on. In virtually every instance the jurors are left in a completely uneducated state and unable to give any proper assessment, relying basically on whatever cues they decide to pick up on instead of factual evidence. The idea of 12 Angry Men never really existed with juries and was far outside the scope of what a juror is really supposed to be doing.

refurb 10y ago
That comic doesn't reflect my experience in the least. I was allowed to take notes (the judge did warn the jurors not to let note taking distract you). Yes, the instructions from the judge did take an hour, but I was given a copy of the instructions for deliberations. The instructions are also written by a panel of judges/lawyers so they are very methodical and logical. "In order to be convicted of murder, you must find at least one (1) of the following to be true:....". We had testimony re-read by the reporter and all the physical evidence was just given to us to rifle through. We could replay videos, etc. Sure it's not perfect, but it's life. What in life is perfect?
DINKDINK 10y ago
IANAL but unless criminal and civil trial instructions for juries are drastically different, there are several inaccuracies in that comment at least for juries in California. -Juries are allowed to take notes. -Juries are allowed to submit questions, that are reviewed for approval by both sides' lawyers and the judge. -Juries do get a copy of the law they need to determine was violated
- dragonwriter 10y ago
  > IANAL but unless criminal and civil trial instructions for juries are drastically different Criminal and civil trial instructions for juries are drastically different. Heck, trial instructions for different issues within either domain can be drastically different, too.

by csydas 10y ago

refurb 10y ago

That comic doesn't reflect my experience in the least. I was allowed to take notes (the judge did warn the jurors not to let note taking distract you). Yes, the instructions from the judge did take an hour, but I was given a copy of the instructions for deliberations. The instructions are also written by a panel of judges/lawyers so they are very methodical and logical. "In order to be convicted of murder, you must find at least one (1) of the following to be true:....". We had testimony re-read by the reporter and all the physical evidence was just given to us to rifle through. We could replay videos, etc. Sure it's not perfect, but it's life. What in life is perfect?

DINKDINK 10y ago

IANAL but unless criminal and civil trial instructions for juries are drastically different, there are several inaccuracies in that comment at least for juries in California. -Juries are allowed to take notes. -Juries are allowed to submit questions, that are reviewed for approval by both sides' lawyers and the judge. -Juries do get a copy of the law they need to determine was violated

dragonwriter 10y ago
> IANAL but unless criminal and civil trial instructions for juries are drastically different Criminal and civil trial instructions for juries are drastically different. Heck, trial instructions for different issues within either domain can be drastically different, too.