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That's pretty much the original idea: The jury is an old form of democracy. The king/government can make what laws they like, but it needs to have enough popul
by BurningFrog 4y ago
That's pretty much the original idea:
The jury is an old form of democracy. The king/government can make what laws they like, but it needs to have enough popular support that a jury will freely choose to convict according to it.
Of course, like all forms of democracy, the outcomes don't always agree with your or my sense of justice.
> it has to be balanced against crimes that are in principle clearly wrong
In this system, whoever gets to decide what is "clearly wrong" has the real power.
- AnimalMuppet 4y ago> In this system, whoever gets to decide what is "clearly wrong" has the real power. Who gets to decide? The jury. That's the point. They have the real power.