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I trust an individual judge's opinion on almost any topic to be more intelligent than that of an individual jury member. But there's huge selection bias in who
by Matticus_Rex 1y ago
I trust an individual judge's opinion on almost any topic to be more intelligent than that of an individual jury member.
But there's huge selection bias in who becomes a judge, and so we end up with a pool of people who are mostly former prosecutors, which is another pool with a huge selection bias.
All of the judges I know personally (though not all I've been around) are well-meaning, fair-minded people, but with maybe one exception they're all true believers in the fairness of the system, and all tend to give tremendous unearned deference to prosecutors. We should absolutely not make them the finders of fact in criminal cases.
- wqaatwt 1y agoLay judges are also an option and might offer a reasonable balance.
- Matticus_Rex 1y agoWe'd need a full overhaul of the legal system from the ground up to get to a place where we could implement the better versions of lay judge participation, and if we got a full overhaul of the legal system that's not what we'd land on. And lay judges aren't really a balance between juries and judges in most implementations.