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I am not a lawyer but have an opinion on this question. Our laws are written in a way that in effect demand a trial by peers. Most laws have vague clauses, co
by LinuxBender 4y ago
I am not a lawyer but have an opinion on this question. Our laws are written in a way that in effect demand a trial by peers. Most laws have vague clauses, conditions that can permit a judge to determine a person to be any degree of innocent to guilty. Some call this wiggle-room. Judges can make mistakes and/or can be biased. People must be able to interpret the spirit of the law and the original intent.
Adding to this there is the issue of stare decisis that can make laws lean in a particular direction that may not always apply to the situation they were originally formed from. People must be able to determine if case law is applicable.
Even a trial by a jury of peers may not be good enough. A jury can still be a small mob of like minded individuals that would group-think in the same potentially biased manor as a judge. In this case the defendant must be able to appeal to higher courts and get different a different set of peers to review the case.
As a fun side note even a jury has some potential caveats. Here [1] is one of them. I think it would be interesting to get opinions from judges and lawyers on jury nullification.
[1] - https://www.youtube.com/watch?v=uqH_Y1TupoQ https://www.youtube.com/watch?v=uqH_Y1TupoQ [video]