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Damn its almost as if juries exist to act as the sovereign so the violence which sustains the law can be vested in a general public that cannot be held accounta
by DiscourseFan 3mo ago
Damn its almost as if juries exist to act as the sovereign so the violence which sustains the law can be vested in a general public that cannot be held accountable as a whole, similarly to how at least one member of a firing squad always has a blank.
- jjk166 3mo agoOr perhaps the standards of evidence established for a pre-industrial society when eye-witness testimony was the best that could reasonably be achieved is not necessarily the optimal system for a digital society where everyone carries a high definition video camera in their pocket at all times.
- DiscourseFan 3mo agoYes a high definition video camera that is slowly becoming indistinguishable (and has always been subject to tampering regardless) from an artificially generated version. We never have anything beyond judgement.
- expedition32 3mo agoThis is why crimes used to have prosecution time limits. Nobody expected eye witness accounts to surface after 40 years. But DNA is eternal.
- DiscourseFan 3mo agoDNA is not eternal, but neither is anyone's memory trustworthy for that long.
- cucumber3732842 3mo agoProsecution time limits and those pesky rights people have is why so much stuff that would've been simple misdemeanors 70+yr ago is now "administrative" and "civil" law.
- broken-kebab 3mo agoBut in what way do you believe these standards are inadequate? Video from phones is used in courts when available and admissible.
- chpatrick 3mo agoI think the idea is to test (with the jury as a sample) if the evidence is compelling enough for society at large to agree with the verdict. It's rarely going to be 100% clear cut so the jury has to use their judgment.
- autoexec 3mo ago> I think the idea is to test (with the jury as a sample) if the evidence is compelling enough for society at large to agree with the verdict. Exactly. It's all about consent of the governed. We need the government to prove that they've got a valid reason to take someone's freedom before we let them do it. That's also why jury nullification is so important. It's another check on government to make sure that we feel that the laws we're being held to and the punishments we'll face when they are broken are acceptable.
- notamario 3mo agoJury nullification is a double edged sword. There are near countless examples of a jury determining a white man killing a black man isn’t a valid reason to take the white man’s freedom.