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I think it is up to the prosecutor and expert witnesses to deal with that. The presumption is that the defendant is innocent. If the prosecution can not make a
by throwawayboise 5y ago
I think it is up to the prosecutor and expert witnesses to deal with that. The presumption is that the defendant is innocent. If the prosecution can not make a convincing case to an impartial jury (not an expert jury), then the defendant goes free. It's not perfect, but it seems better than the alternatives.
- ClumsyPilot 5y agoI think this is a fantasy - jury trials are the reason why you have patent trolls in the US, they don't understand first thing about intellectual property, it's a total clown show. Such meritless lawsuits get throws out of court in EU with a proffeshional judge. The jury has to have basic grasp of the situation so that they can decide who is lying and who is telling the truth (and witnesses called by prosecution do lie). Imagine being tried on sex abuse by people who never had a relationship, or an employment dispute judged by people who never had a job. It would be disaster.