• @[email protected]
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    313 hours ago

    The salient question is not whether it exists, but whether it’s a feature or a bug.

    If jurors are intended to resolve questions of law, then judges really have no purpose. Just let jurors decide based on how much they like the defendant.

    You may as well just do trial by combat instead - equally as just but far more entertaining.

    • @[email protected]
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      11 hours ago

      By that logic, why bother with democracy and not trial by combat?

      The problem with your logic is that you assume jurors don’t have a sense of ethics and justice. If they truly don’t, then forget the judiciary as a problem, because the society itself isn’t going to hold up. So in that way, applying your logic here and under that assumption you are right, why bother with democracy and not trial by combat when people no longer care about acting in good will?

      • @[email protected]
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        14 minutes ago

        you assume jurors don’t have a sense of ethics and justice

        I’m not assuming that at all. Jurors have a very specific role, which is to determine whether the evidence against a defendant is sufficient to find them guilty of the charges against them. That does not require a sense of ethics and justice.

      • @[email protected]
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        11 hour ago

        Jurors have no idea what “the law” actually is.

        When you say “spirit of the law” really what you mean is “the vibe”.

    • @[email protected]
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      28 hours ago

      Aren’t jury trials statistically more likely to result in a false coviction than other trials? Given how much presentation, charisma, gender and race can influence a verdict its already about how much the jury like the defendant.

      • @[email protected]
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        21 hour ago

        Not really. I mean sure some jurors may not like a defendant because of their race, but the court process seeks to mitigate these issues. For example there are 12 jurors and a unanimous verdict is required. The hope being that the majority of jurors will be able to convince a few racist ones to set aside their prejudism.

        This isn’t really a reason to just throw out the whole process and make trials popularity contests.

    • @[email protected]M
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      310 hours ago

      If it’s a bug, wow. Almost 250 years, and they can’t fix it?

      Also, judges are there to make sure both sides play by the rules.

      • @[email protected]
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        15 minutes ago

        It is fixed, albeit imperfectly.

        Jurors are instructed to determine whether a defendant is guilty of the charges against them.

        To return a verdict of “not guilty” despite knowing that the defendant is guilty, merely because jurors know they can not be prosecuted is still corruption.