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The Biggest problem i see with it is that it is not about right and wrong or truth and facts, It's about 2 sides debating one another and the better side winning on the day.
There are a lot of flaw in the judicial systems. Jury by peers for example is a double edged sword. It's good because you're not being tried by a bunch of government cronies ala iran or something like that, but many juries are composed of people with no training or education. Your life is in their hands and they may not even understand the evidence being presented.
If you're worried about that, you may be living in the wrong state/county/country.There are a lot of flaw in the judicial systems. Jury by peers for example is a double edged sword. It's good because you're not being tried by a bunch of government cronies ala iran or something like that, but many juries are composed of people with no training or education. Your life is in their hands and they may not even understand the evidence being presented.
sonicare
There are a lot of flaw in the judicial systems. Jury by peers for example is a double edged sword. It's good because you're not being tried by a bunch of government cronies ala iran or something like that, but many juries are composed of people with no training or education. Your life is in their hands and they may not even understand the evidence being presented.
If you're worried about that, you may be living in the wrong state/county/country. If I am worried about juries being smart enough to interpret complex data?I was sitting bored out of my mind in a lecture in my law class when i came to the realization that our law system is beyond fuc**ed up. Common law pits the defense against the prosecution to 'enable justice.' It has no intention of actually finding truth and the Crown (prosecution in commonwealth) are so hellbent on winning that they dont care what the truth is and if they could be wrong. The entire system depends on the skill of the prosecution and the defense. Why dont these entities work together and have an investigation instead of a trial? An accused could be completely innocent and have a sh!t lawyer and go to jail for life..is that really fair for the person?BossPerson
I take it,you like me are from the UK
I was sitting bored out of my mind in a lecture in my law class when i came to the realization that our law system is beyond fuc**ed up. Common law pits the defense against the prosecution to 'enable justice.' It has no intention of actually finding truth and the Crown (prosecution in commonwealth) are so hellbent on winning that they dont care what the truth is and if they could be wrong. The entire system depends on the skill of the prosecution and the defense. Why dont these entities work together and have an investigation instead of a trial? An accused could be completely innocent and have a sh!t lawyer and go to jail for life..is that really fair for the person?BossPersonThese sorts of realizations are the basis of true intelligence and intellect. If you continue to question the accepted standards you will find they are much more flawed then you would have ever imagined.
[QUOTE="BossPerson"]I was sitting bored out of my mind in a lecture in my law class when i came to the realization that our law system is beyond fuc**ed up. Common law pits the defense against the prosecution to 'enable justice.' It has no intention of actually finding truth and the Crown (prosecution in commonwealth) are so hellbent on winning that they dont care what the truth is and if they could be wrong. The entire system depends on the skill of the prosecution and the defense. Why dont these entities work together and have an investigation instead of a trial? An accused could be completely innocent and have a sh!t lawyer and go to jail for life..is that really fair for the person?sexyweapons
I take it,you like me are from the UK
That statement works for the US as well.[QUOTE="BossPerson"]I was sitting bored out of my mind in a lecture in my law class when i came to the realization that our law system is beyond fuc**ed up. Common law pits the defense against the prosecution to 'enable justice.' It has no intention of actually finding truth and the Crown (prosecution in commonwealth) are so hellbent on winning that they dont care what the truth is and if they could be wrong. The entire system depends on the skill of the prosecution and the defense. Why dont these entities work together and have an investigation instead of a trial? An accused could be completely innocent and have a sh!t lawyer and go to jail for life..is that really fair for the person?sexyweapons
I take it,you like me are from the UK
no, i am in your former colony...CanadaThe Biggest problem i see with it is that it is not about right and wrong or truth and facts, It's about 2 sides debating one another and the better side winning on the day.
mattisgod01
^ This. It's pretty much like a political debate where each sides tries to intentionally mislead the jury, and the population in general seems far more likely to be swayed by an emotional appeal rather than cold hard fact.
What system would you put in its place?Jandurinwell I think the civil law system is better for a start, after that....I think trials should be done differently 1. All the possible evidence should be gathered 2. A judge, who also acts as a detective (so he is with the ministry of justice rather than with the police) would judge the evidence and also conduct searches and evidence gathering himself 3. And the judge (acting unbiased and fair..hopefully) would be the determiner of facts and the determiner of law)
2. A judge, who also acts as a detective (so he is with the ministry of justice rather than with the police) would judge the evidence and also conduct searches and evidence gathering himselfBossPersonSo put ALL of the power into one person? JUDGE DREDD?
[QUOTE="BossPerson"]2. A judge, who also acts as a detective (so he is with the ministry of justice rather than with the police) would judge the evidence and also conduct searches and evidence gathering himselfJandurinSo put ALL of the power into one person? JUDGE DREDD?maybe it could be a team of three of judges? 2/3 vote wins? understand i just made this up right now...so its not perfect, but i think its better than what we have now
[QUOTE="Jandurin"][QUOTE="BossPerson"]2. A judge, who also acts as a detective (so he is with the ministry of justice rather than with the police) would judge the evidence and also conduct searches and evidence gathering himselfBossPersonSo put ALL of the power into one person? JUDGE DREDD?maybe it could be a team of three of judges? 2/3 vote wins? understand i just made this up right now...so its not perfect, but i think its better than what we have now jury of peers for me
[QUOTE="sexyweapons"]
[QUOTE="BossPerson"]I was sitting bored out of my mind in a lecture in my law class when i came to the realization that our law system is beyond fuc**ed up. Common law pits the defense against the prosecution to 'enable justice.' It has no intention of actually finding truth and the Crown (prosecution in commonwealth) are so hellbent on winning that they dont care what the truth is and if they could be wrong. The entire system depends on the skill of the prosecution and the defense. Why dont these entities work together and have an investigation instead of a trial? An accused could be completely innocent and have a sh!t lawyer and go to jail for life..is that really fair for the person?junglist101
I take it,you like me are from the UK
That statement works for the US as well.I love the US justice system its just so so.......democratic!
[QUOTE="BossPerson"]2. A judge, who also acts as a detective (so he is with the ministry of justice rather than with the police) would judge the evidence and also conduct searches and evidence gathering himselfJandurinSo put ALL of the power into one person? JUDGE DREDD?
I am in favour of this regardless of the possible consequences.
I AM THE LAW!
[QUOTE="sonicare"]If I am worried about juries being smart enough to interpret complex data?JandurinYep. I disagree. For instance, how can a jury full of non-engineers adequately determine whether the actions of an engineer was negligent or not? They arent engineers. They dont understand a lot of the complex principles of that field, yet they are the ones who would decided his/her fate. Wouldnt a jury of other engineers be more prudent? Or take a doctor? How can anyone other than other doctors really know if that doctor acted in the proper fashion? It's a flawed system. It's good for many aspects, but certainly not perfect.
[QUOTE="Jandurin"][QUOTE="sonicare"]If I am worried about juries being smart enough to interpret complex data?sonicareYep. I disagree. For instance, how can a jury full of non-engineers adequately determine whether the actions of an engineer was negligent or not? They arent engineers. They dont understand a lot of the complex principles of that field, yet they are the ones who would decided his/her fate. Wouldnt a jury of other engineers be more prudent? Or take a doctor? How can anyone other than other doctors really know if that doctor acted in the proper fashion? It's a flawed system. It's good for many aspects, but certainly not perfect. LOL Please link to me cases where a doctor's insurance didn't cover malpractice or an engineer had to go before a jury of uneducated sots due to negligence.
[QUOTE="sonicare"][QUOTE="Jandurin"] Yep.JandurinI disagree. For instance, how can a jury full of non-engineers adequately determine whether the actions of an engineer was negligent or not? They arent engineers. They dont understand a lot of the complex principles of that field, yet they are the ones who would decided his/her fate. Wouldnt a jury of other engineers be more prudent? Or take a doctor? How can anyone other than other doctors really know if that doctor acted in the proper fashion? It's a flawed system. It's good for many aspects, but certainly not perfect. LOL Please link to me cases where a doctor's insurance didn't cover malpractice or an engineer had to go before a jury of uneducated sots due to negligence. Any civil lawsuit. And the idea of whether someone has insurance plays no role in determinng guilt.
I was sitting bored out of my mind in a lecture in my law class when i came to the realization that our law system is beyond fuc**ed up. Common law pits the defense against the prosecution to 'enable justice.' It has no intention of actually finding truth and the Crown (prosecution in commonwealth) are so hellbent on winning that they dont care what the truth is and if they could be wrong. The entire system depends on the skill of the prosecution and the defense. Why dont these entities work together and have an investigation instead of a trial? An accused could be completely innocent and have a sh!t lawyer and go to jail for life..is that really fair for the person?BossPersonI'm sitting in a law class right now. And I must say, from one law student to another, I completely disagree with you on the most fundamental aspects of your post. Common law is the best method. If two people fight vigorously on each side of something, the truth is bound to appear, if they were both working on one side, who would see if the other side was the truth?
[QUOTE="sonicare"][QUOTE="Jandurin"] LOL Please link to me cases where a doctor's insurance didn't cover malpractice or an engineer had to go before a jury of uneducated sots due to negligence.Shadowhawk000Any civil lawsuit. And the idea of whether someone has insurance plays no role in determinng guilt. Juries are not used in civil lawsuits.......... Yes they are. . . . .
[QUOTE="BossPerson"]I was sitting bored out of my mind in a lecture in my law class when i came to the realization that our law system is beyond fuc**ed up. Common law pits the defense against the prosecution to 'enable justice.' It has no intention of actually finding truth and the Crown (prosecution in commonwealth) are so hellbent on winning that they dont care what the truth is and if they could be wrong. The entire system depends on the skill of the prosecution and the defense. Why dont these entities work together and have an investigation instead of a trial? An accused could be completely innocent and have a sh!t lawyer and go to jail for life..is that really fair for the person?FranklinsteinI'm sitting in a law class right now. And I must say, from one law student to another, I completely disagree with you on the most fundamental aspects of your post. Common law is the best method. If two people fight vigorously on each side of something, the truth is bound to appear, if they were both working on one side, who would see if the other side was the truth?your comprehension is flawed no offence. Two sides debating for their own side where both arent willing to give up and admit theyre wrong is not going to make the truth appear, its going to bury it since the truth isnt relevant. If they were both working on one side (the side that wants to find truth) they dont care about their roles as prosecutor/accused or reputation as lawyers, they simply want to find if the guy killed or didnt kill. The most messed up part of common law imo, is how the crown or state (who works with the ministry of dept. of justice) couldnt care less about justice. All they do is get a case before them and they try to win no matter what, they are not on the side of justice, they are on the side of punishment.
[QUOTE="Shadowhawk000"][QUOTE="sonicare"] Any civil lawsuit. And the idea of whether someone has insurance plays no role in determinng guilt.sonicareJuries are not used in civil lawsuits.......... Yes they are. . . . . im pretty sure its extremely rare..at least in Canada
[QUOTE="sonicare"]Any civil lawsuit.JandurinThat is not a link. That is an LJS answer. If you want to find cases, then just search your local court records. I'm not going to spend my time doing that. But you honestly think that juries havent tried professionals before? My point is that often juries are called upon to judge whether the behavior of certain professionals was negligent or not. Yet most people on that jury are not in that profession. So it would make it harder for them to really determine if someone was right or wrong. The counter argument is that you dont want professions policing their own. But neither way is without flaws. If I was in a profession and was accused of acting negligently, I'd rather be judged by fellow experts in that field. I'd think they'd be more knowledgeable and likely to make the correct determination of right or wrong than someone outside the field. makes sense.
[QUOTE="Jandurin"][QUOTE="sonicare"]Any civil lawsuit.sonicareThat is not a link. That is an LJS answer. If you want to find cases, then just search your local court records. I'm not going to spend my time doing that. But you honestly think that juries havent tried professionals before? My point is that often juries are called upon to judge whether the behavior of certain professionals was negligent or not. Yet most people on that jury are not in that profession. So it would make it harder for them to really determine if someone was right or wrong. The counter argument is that you dont want professions policing their own. But neither way is without flaws. If I was in a profession and was accused of acting negligently, I'd rather be judged by fellow experts in that field. I'd think they'd be more knowledgeable and likely to make the correct determination of right or wrong than someone outside the field. makes sense. When are Juries Used in Civil Cases The county Courts Act 1984 has set out the following guidelines on when a jury should be used for a civil trial: Defamation: including cases involving: Liable or slander False imprisonment Malicious prosecution and/or Fraud. All these cases will include either damage to a person's character or reputation. A case involving the above matters may still be refused a trial by jury if the judge believes the case, evidence or other matters are too complicated for a trial by jury.
[QUOTE="Franklinstein"][QUOTE="BossPerson"]I was sitting bored out of my mind in a lecture in my law class when i came to the realization that our law system is beyond fuc**ed up. Common law pits the defense against the prosecution to 'enable justice.' It has no intention of actually finding truth and the Crown (prosecution in commonwealth) are so hellbent on winning that they dont care what the truth is and if they could be wrong. The entire system depends on the skill of the prosecution and the defense. Why dont these entities work together and have an investigation instead of a trial? An accused could be completely innocent and have a sh!t lawyer and go to jail for life..is that really fair for the person?BossPersonI'm sitting in a law class right now. And I must say, from one law student to another, I completely disagree with you on the most fundamental aspects of your post. Common law is the best method. If two people fight vigorously on each side of something, the truth is bound to appear, if they were both working on one side, who would see if the other side was the truth?your comprehension is flawed no offence. Two sides debating for their own side where both arent willing to give up and admit theyre wrong is not going to make the truth appear, its going to bury it since the truth isnt relevant. If they were both working on one side (the side that wants to find truth) they dont care about their roles as prosecutor/accused or reputation as lawyers, they simply want to find if the guy killed or didnt kill. The most messed up part of common law imo, is how the crown or state (who works with the ministry of dept. of justice) couldnt care less about justice. All they do is get a case before them and they try to win no matter what, they are not on the side of justice, they are on the side of punishment. I don't think so. Many times the truth is hidden, and both sides believe they are arguing for the truth. Common law has its roots in many different social theories, I honestly cannot think of a more efficient, or fair way of adjudicating our disputes.
That's actually a very fair question, depending on the thoughts behind it.Having served on juries before, and having heard, in the course of that service, things like "if he didn't do it then why did the police arrest him" I can't say I have a terrible amount of faith in the jury system.
worlock77
[QUOTE="worlock77"]That's actually a very fair question, depending on the thoughts behind it.Having served on juries before, and having heard, in the course of that service, things like "if he didn't do it then why did the police arrest him" I can't say I have a terrible amount of faith in the jury system.
Jandurin
No, it isn't. The question assumes guilt, precisely what the jurors are suppose tonot do.
Or it could be assuming innocence and asking why the police decided to target this individual. Race/money/political agenda.No, it isn't. The question assumes guilt, precisely what the jurors are suppose tonot do.
worlock77
[QUOTE="Jandurin"][QUOTE="worlock77"]
No, it isn't. The question assumes guilt, precisely what the jurors are suppose tonot do.
Or it could be assuming innocence and asking why the police decided to target this individual. Race/money/political agenda.Sure it is.
To be fair most jurys presume guilt from the getgoOr it could be assuming innocence and asking why the police decided to target this individual. Race/money/political agenda.[QUOTE="Jandurin"][QUOTE="worlock77"]
No, it isn't. The question assumes guilt, precisely what the jurors are suppose tonot do.
worlock77
Sure it is.
It's a fair question. The defense should have addressed his client's alibi.[QUOTE="worlock77"][QUOTE="Jandurin"] Or it could be assuming innocence and asking why the police decided to target this individual. Race/money/political agenda.Franklinstein
Sure it is.
It's a fair question. The defense should have addressed his client's alibi.It is not a fair question, nor was it addressed to the defense, but rather one spoken amongst the other jurors and no one else. And I said nothing about what the defense did or did not address. See, you made an assumption. People in general are too quick to assume, which is one of the reasons why the jury system is flawed.
It's a fair question. The defense should have addressed his client's alibi.[QUOTE="Franklinstein"][QUOTE="worlock77"]
Sure it is.
worlock77
It is not a fair question, nor was it addressed to the defense, but rather one spoken amongst the other jurors and no one else. And I said nothing about what the defense did or did not address. See, you made an assumption. People in general are too quick to assume, which is one of the reasons why the jury system is flawed.
I'd say the blame should fall on the police officer. Why would he arrest the guy if the guy didn't do the crime?[QUOTE="worlock77"][QUOTE="Franklinstein"] It's a fair question. The defense should have addressed his client's alibi. Jandurin
It is not a fair question, nor was it addressed to the defense, but rather one spoken amongst the other jurors and no one else. And I said nothing about what the defense did or did not address. See, you made an assumption. People in general are too quick to assume, which is one of the reasons why the jury system is flawed.
I'd say the blame should fall on the police officer. Why would he arrest the guy if the guy didn't do the crime?It isn't the job of the police to ascertain guilt or innocence.
Then you should have told that to the juror.It isn't the job of the police to ascertain guilt or innocence.
worlock77
[QUOTE="worlock77"]Then you should have told that to the juror.It isn't the job of the police to ascertain guilt or innocence.
Jandurin
Not relevant. The juror was not assuming guilt because the officer said the person was guilty. The juror was assuming guilt simply because the person was arrested.
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