3 ms·

All of society benefits from the right to a fair trial. But, most of the time gag orders are abused and no one benefits.

by xupybd 3y ago

brigandish 3y ago
The way I propose does not preclude a fair trial. The way you propose (i.e. the status quo) precludes an informed electorate and introduces perverse incentives for those in power.
- xupybd 3y ago
  I disagree but that's okay :)
  - brigandish 3y ago
    Rather than disagree you might point out why with reference to the points I’ve made. Comity is only an end in itself in, ironically, cultures that do not value free speech and hence, put truth beneath social harmony. The idea that I could be put on a jury and be unwilling or unable to ignore what a journalist, of all people, had relayed about a case, is risible, and I can bet I’m not alone.
    - xupybd 3y ago
      I think that the way you propose does preclude a fair trial as it biases the jury but we've already covered that and come to different conclusions. I agree that free speech has significant value and restrictions should only be put in place when required to uphold other rights. I'm sure you're not alone in your opinion that a jury is able to ignore what they've heard about a case in the media. However you do disagree with the current judicial system of most developed nations. That doesn't necessarily make you wrong. I think there is merit to the argument you're making, I just am not convinced that people can ignore information like that. https://juryanalyst.com/blog/the-power-of-media-coverage-how-it-shapes-jurors-perceptions-and-how-scientific-jury-analysis-can-help-mitigate-bias/ https://juryanalyst.com/blog/the-power-of-media-coverage-how... https://www.canlii.org/en/commentary/doc/2019CanLIIDocs2798#!fragment//BQCwhgziBcwMYgK4DsDWszIQewE4BUBTADwBdoByCgSgBpltTCIBFRQ3AT0otokLC4EbDtyp8BQkAGU8pAELcASgFEAMioBqAQQByAYRW1SYAEbRS2ONWpA https://www.canlii.org/en/commentary/doc/2019CanLIIDocs2798#...

All of society benefits from the right to a fair trial. But, most of the time gag orders are abused and no one benefits.

by xupybd 3y ago

All of society benefits from the right to a fair trial. But, most of the time gag orders are abused and no one benefits.

brigandish 3y ago

The way I propose does not preclude a fair trial. The way you propose (i.e. the status quo) precludes an informed electorate and introduces perverse incentives for those in power.

xupybd 3y ago
I disagree but that's okay :)
- brigandish 3y ago
  Rather than disagree you might point out why with reference to the points I’ve made. Comity is only an end in itself in, ironically, cultures that do not value free speech and hence, put truth beneath social harmony. The idea that I could be put on a jury and be unwilling or unable to ignore what a journalist, of all people, had relayed about a case, is risible, and I can bet I’m not alone.
  - xupybd 3y ago
    I think that the way you propose does preclude a fair trial as it biases the jury but we've already covered that and come to different conclusions. I agree that free speech has significant value and restrictions should only be put in place when required to uphold other rights. I'm sure you're not alone in your opinion that a jury is able to ignore what they've heard about a case in the media. However you do disagree with the current judicial system of most developed nations. That doesn't necessarily make you wrong. I think there is merit to the argument you're making, I just am not convinced that people can ignore information like that. https://juryanalyst.com/blog/the-power-of-media-coverage-how-it-shapes-jurors-perceptions-and-how-scientific-jury-analysis-can-help-mitigate-bias/ https://juryanalyst.com/blog/the-power-of-media-coverage-how... https://www.canlii.org/en/commentary/doc/2019CanLIIDocs2798#!fragment//BQCwhgziBcwMYgK4DsDWszIQewE4BUBTADwBdoByCgSgBpltTCIBFRQ3AT0otokLC4EbDtyp8BQkAGU8pAELcASgFEAMioBqAQQByAYRW1SYAEbRS2ONWpA https://www.canlii.org/en/commentary/doc/2019CanLIIDocs2798#...