Common Law is horrendously flawed

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#1 BossPerson
Member since 2011 • 9177 Posts
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?
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#2 mattisgod01
Member since 2005 • 3476 Posts

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.

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#3 deactivated-5e836a855beb2
Member since 2005 • 95573 Posts
What is common law
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#4 deactivated-5f9e3c6a83e51
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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.

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#5 deactivated-5e836a855beb2
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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
If you're worried about that, you may be living in the wrong state/county/country.
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#6 deactivated-5f9e3c6a83e51
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[QUOTE="Jandurin"][QUOTE="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?
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#7 deactivated-5e836a855beb2
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If I am worried about juries being smart enough to interpret complex data?sonicare
Yep.
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#8 sexyweapons
Member since 2009 • 5302 Posts

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

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#9 junglist101
Member since 2007 • 5517 Posts

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
These 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.

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#10 junglist101
Member since 2007 • 5517 Posts

[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.

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#11 BossPerson
Member since 2011 • 9177 Posts

[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...Canada
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#12 Jackc8
Member since 2007 • 8515 Posts

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.

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.

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#13 BossPerson
Member since 2011 • 9177 Posts
the system is hundreds of years old....like so many other things in our society, it seems to grand and noble to change when in fact its a horrible system
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#14 deactivated-5e836a855beb2
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What system would you put in its place?
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#15 BossPerson
Member since 2011 • 9177 Posts
What system would you put in its place?Jandurin
well 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)
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#16 deactivated-5e836a855beb2
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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 himselfBossPerson
So put ALL of the power into one person? JUDGE DREDD?
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#17 BossPerson
Member since 2011 • 9177 Posts
[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 himselfJandurin
So 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
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#18 deactivated-5e836a855beb2
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[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 himselfBossPerson
So 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
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#19 nedim100
Member since 2010 • 390 Posts

As long as there are people willing to take bribes,changing the system wont improve anything.

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#20 sexyweapons
Member since 2009 • 5302 Posts

[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!

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#21 mattisgod01
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[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 himselfJandurin
So 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!

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#22 JohnF111
Member since 2010 • 14190 Posts
Just shows if you can afford a team of 10 lawyers who are sharp then you could be guilty of murder and get away and likely given compensation. I agree though it's not who is right or wrong it's who is better at manipulating the flawed laws in their favor.
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#23 Shadowhawk000
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It is simply amazing at the ignorance of some persons here. For one thing common law is the use of precedents laid down by judges and which has the ability to be used in further trials. What you described is the adversary system not common law. well 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) This is basically just the Inquisitorial system and not the civil system. The current system in commonwealth countries works well enough as it is.
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#24 BuryMe
Member since 2004 • 22017 Posts

Indeed. That's why I much prefer Civil law, where every one works together to find the common truth.

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#25 BossPerson
Member since 2011 • 9177 Posts
[QUOTE="Shadowhawk000"]It is simply amazing at the ignorance of some persons here. For one thing common law is the use of precedents laid down by judges and which has the ability to be used in further trials. What you described is the adversary system not common law. well 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) This is basically just the Inquisitorial system and not the civil system. The current system in commonwealth countries works well enough as it is.

common law trials are adversarial...thats common sense I never said my proposed method was the civil law system,
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#26 deactivated-5f9e3c6a83e51
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[QUOTE="sonicare"]If I am worried about juries being smart enough to interpret complex data?Jandurin
Yep.

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.
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#27 deactivated-5e836a855beb2
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[QUOTE="Jandurin"][QUOTE="sonicare"]If I am worried about juries being smart enough to interpret complex data?sonicare
Yep.

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.
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#28 deactivated-5f9e3c6a83e51
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[QUOTE="sonicare"][QUOTE="Jandurin"] Yep.Jandurin
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.

Any civil lawsuit. And the idea of whether someone has insurance plays no role in determinng guilt.
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#29 Franklinstein
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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'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?
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#31 deactivated-5f9e3c6a83e51
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[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.Shadowhawk000
Any 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. . . . .
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#32 BossPerson
Member since 2011 • 9177 Posts
[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?Franklinstein
I'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.
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#33 BossPerson
Member since 2011 • 9177 Posts
[QUOTE="Shadowhawk000"][QUOTE="sonicare"] Any civil lawsuit. And the idea of whether someone has insurance plays no role in determinng guilt.sonicare
Juries are not used in civil lawsuits..........

Yes they are. . . . .

im pretty sure its extremely rare..at least in Canada
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#34 deactivated-5e836a855beb2
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Any civil lawsuit.sonicare
That is not a link. That is an LJS answer.
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#35 deactivated-5f9e3c6a83e51
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[QUOTE="sonicare"]Any civil lawsuit.Jandurin
That 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.
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#36 EmpCom
Member since 2005 • 3451 Posts
[QUOTE="Jandurin"][QUOTE="sonicare"]Any civil lawsuit.sonicare
That 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.
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#37 deactivated-5e836a855beb2
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I don't think any of those things are negligence.
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#38 Franklinstein
Member since 2004 • 7017 Posts
[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?BossPerson
I'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.
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#39 worlock77
Member since 2009 • 22552 Posts

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.

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#40 deactivated-5e836a855beb2
Member since 2005 • 95573 Posts

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
That's actually a very fair question, depending on the thoughts behind it.
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#41 worlock77
Member since 2009 • 22552 Posts

[QUOTE="worlock77"]

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

That's actually a very fair question, depending on the thoughts behind it.

No, it isn't. The question assumes guilt, precisely what the jurors are suppose tonot do.

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#42 deactivated-5e836a855beb2
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No, it isn't. The question assumes guilt, precisely what the jurors are suppose tonot do.

worlock77
Or it could be assuming innocence and asking why the police decided to target this individual. Race/money/political agenda.
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#43 worlock77
Member since 2009 • 22552 Posts

[QUOTE="worlock77"]

No, it isn't. The question assumes guilt, precisely what the jurors are suppose tonot do.

Jandurin

Or it could be assuming innocence and asking why the police decided to target this individual. Race/money/political agenda.

Sure it is.

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#44 EmpCom
Member since 2005 • 3451 Posts
[QUOTE="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 getgo
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#45 Franklinstein
Member since 2004 • 7017 Posts

[QUOTE="Jandurin"][QUOTE="worlock77"]

No, it isn't. The question assumes guilt, precisely what the jurors are suppose tonot do.

worlock77

Or it could be assuming innocence and asking why the police decided to target this individual. Race/money/political agenda.

Sure it is.

It's a fair question. The defense should have addressed his client's alibi.
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#46 worlock77
Member since 2009 • 22552 Posts

[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.

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#47 deactivated-5e836a855beb2
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[QUOTE="Franklinstein"][QUOTE="worlock77"]

Sure it is.

worlock77

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.

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?
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#48 worlock77
Member since 2009 • 22552 Posts

[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.

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#49 deactivated-5e836a855beb2
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It isn't the job of the police to ascertain guilt or innocence.

worlock77
Then you should have told that to the juror.
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#50 worlock77
Member since 2009 • 22552 Posts

[QUOTE="worlock77"]

It isn't the job of the police to ascertain guilt or innocence.

Jandurin

Then you should have told that to the juror.

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.