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Trial by combat | 439 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Trial by combat
Authored by: PJ on Monday, May 14 2012 @ 02:17 PM EDT
I doubt it. If justice depends on fighting
ability, muscles or sword skills, the most
evil person on the planet would buff up or
take sword lessons and win. Might doesn't
actually make right, you know, nor should
it, particularly because nice people are
usually not such mean or dirty fighters.

[ Reply to This | Parent | # ]

Let the Lawyers duel
Authored by: rsteinmetz70112 on Monday, May 14 2012 @ 02:24 PM EDT
Pistols at 10 paces. I bet it would cut down on litigation.

---
Rsteinmetz - IANAL therefore my opinions are illegal.

"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk

[ Reply to This | Parent | # ]

Not Politically Correct
Authored by: argee on Monday, May 14 2012 @ 03:18 PM EDT
Duels, trials by combat are so medieval, 19th century.

What we need is a Paintball or Laser target fight!

You argue in court. If, in the end there is no decision,
rather than let the judge flip a coin, we send them off
to the arena to duke it out with paintballs or go joustling
with rubber lances.

Picture it, Love it!

---
--
argee

[ Reply to This | Parent | # ]

what went wrong
Authored by: Anonymous on Monday, May 14 2012 @ 07:39 PM EDT
Our present system is based on the idea that the jury determines the facts but
the law remains the province of lawyers. This is the corruption that leaves the
law in the hands of an elite guild. The jury should determine both the facts
AND the law. After all, isn't what the law says just another set of facts?

If you say that the jury isn't qualified to interpret the law then the law has
no business being in the first place. The jury is not just a trier of facts. it
is also supposed to be our conscience and our champions to stand up for justice.
We have let the legal professionals co-opt the law and cover it in so much
jargon that only legal professionals can understand it. (It's called job
security.)

Two things can be done: the standards of public education where the law is
concerned must be raised and the number of laws on the books needs to be
reduced. Replace the "feel good about your government" classes with
basic law and a particular focus on logic and reason. A mandatory sunset clause
on all acts of congress such that no law can be renewed by a simple reference.
No law can be continued by a act that says no more than "Bill A is extended
through year X".

This won't replace lawyers (rats) but more people will be capable of telling
legal arguments from BS. Can you honestly say that anyone is really qualified
to set on a jury the way things are now?

[ Reply to This | Parent | # ]

  • what went wrong - Authored by: Anonymous on Tuesday, May 15 2012 @ 01:10 AM EDT
    • what went wrong - Authored by: Anonymous on Tuesday, May 15 2012 @ 06:05 PM EDT
Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )