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> Why have jurors at all ? Over here in the Netherlands people are judged by ... judges (what's in a name). Because it limits the power of the state. The state
by candiodari 8y ago
> Why have jurors at all ? Over here in the Netherlands people are judged by ... judges (what's in a name).
Because it limits the power of the state. The state, in the US, does not have absolute power to convict anyone of anything.
In the Netherlands, the state does have that power. That means you have exactly zero chance against a corrupt complaint against you.
https://www.nrc.nl/nieuws/2016/11/20/onschuldig-en-veroordeeld-zie-dan-maar-eens-vrij-te-komen-5381805-a1532735 https://www.nrc.nl/nieuws/2016/11/20/onschuldig-en-veroordee...
In practice, the police and prosecutor in the Netherlands are both rewarded financially and have an internal culture that glorifies getting convictions. Needless to say, this means they often successfully prosecute innocents, knowing full well what they're doing.
So I guess you can just decide for yourself. Do you trust the state ? People like to answer in the affirmative, even when boatloads of evidence is available that sometimes significant parts of the state, including the Dutch state, isn't even corrupt, but outright criminal for malevolent reasons (meaning police trying to get innocents convicted out of spite, or revenge, has happened more than a few times).
Jury trials provide some (imperfect) measure of protection against such abuses.
- scarface74 8y agoBecause it limits the power of the state. The state, in the US, does not have absolute power to convict anyone of anything. The state has for all intents and purposes unlimited resources to pile on charges, cover up exonerating evidence, they can legally lie to a suspect (“we found a witness you might as well confess”), they can strike jurors who would be more sympathetic to believing that police can be corrupt, etc. The defense doesn’t have an unlimited budget to hire experts, get evidence independently tested, etc. If you are poor and/or minority, the state can and will railroad you and the jury that holds your life in thier hands won’t be of your peers. Do you think that a cherry picked jury will really be that concerned if some poor Black kid gets locked up for life?
- candiodari 8y ago> If you are poor and/or minority, the state can and will railroad you and the jury that holds your life in thier hands won’t be of your peers. Do you think that a cherry picked jury will really be that concerned if some poor Black kid gets locked up for life? I did say it's an imperfection measure of protection against that. But frankly, the court is just not going to take you seriously unless it's clear that you will appeal any decision you don't agree with it. Sorry but ... that's how the world works. Still, the alternative in force in Europe does not seem better, in fact it seems significantly worse. If you watch videos of judges in the Netherlands I assure you, first, the prosecutor is essentially the same, and second the judges ... to say that they are arrogant, unsympathetic and frankly assholes is a serious understatement of reality. Prosecutors are rewarded based on convictions, like in the US. I think this video, even though the source is a bit ... gmrbl (I DO NOT agree with 99% this website posts) ... But this is the reaction of Jaap Smit, judge and vicepresident of the Amsterdam "fast" court, to a camera: https://youtu.be/grW-nVrAWvM?t=18s https://youtu.be/grW-nVrAWvM?t=18s You can tell what sort of person he is, no ? They apparently filed a complaint ... and surprise nothing happened.
- toomanybeersies 8y agoWrongful convictions happen all the time with jury trials in the USA. The police and prosecutors in the USA are also rewarded and have a culture that glorifies convictions.