4 ms·
First I'd point out that people living in the same city as someone accused is not necessarily a peer, even if they are considered as such for the purposes of a
by ruthmarx 2y ago
First I'd point out that people living in the same city as someone accused is not necessarily a peer, even if they are considered as such for the purposes of a jury. Are a bunch of subtly racist blue collar white voters the peer of an Oxford educated immigrant Kenyan doctor? Just to use a clear example.
That aside, people are notoriously uninformed, and notoriously lack basic critical reasoning skills. Look at the sheer number of people who voted the way they did in the last US election because they incorrectly correlated cheaper prices with the guy who was president at the time.
Odds are a jury is unreliable because they aren't going to put in the effort to properly evaluate the evidence and lack the knowledge and motivation to make a truly impartial and educated conclusion.
Not to mention the way a judge will deliberately limit the information a Jury has access to, and not always ethically, such as barring mention or education about jury nullification being an option.
- 1659447091 2y agoIf you think a jury is unreliable, you can opt for a bench trial instead. In a bench trial, a judge hears the evidence, determines the facts, considers the legal issues that arise, and decides whether a defendant is guilty or not guilty. There is no jury involved in a bench trial. Fact-finding moves from the jury's duty to become part of the judge's duty. Jury trial is a right as to shield one from being targeted by a system or dictatorship that is corrupt all the way down. If you think your peers are idiots you can waive that right and put the trial in the hands of a judge who does this for a living. Pick your poison. But at least you get options in the US system.
- ruthmarx 2y agoI think judges tend to be unreliable a lot of the time as well. Aileen Cannon is a good example. It's true you et choices in the US system, that doesn't mean we can't come up with something significantly better.