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Authored by: rsteinmetz70112 on Friday, May 18 2012 @ 12:11 PM EDT |
OF Course a Reasonable Jury will always find for the lawyers position, any jury
finding against them is clearly unreasonable.
---
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
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Authored by: vb on Friday, May 18 2012 @ 12:19 PM EDT |
... there is no such thing. Juries are made up of people. People are
irrational. Therefore, juries are irrational.
Any lawyer who thinks that emotion has no part of jury decision does not
understand people and does not belong in the legal profession. [ Reply to This | Parent | # ]
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Authored by: Anonymous on Friday, May 18 2012 @ 12:41 PM EDT |
ummmm....the witness testimony IS the evidence. Without it,
nothing the lawyers say is evidence. Or did I misunderstand
all the statements by the judge?
That said, I agree the lawyers cannot know what a reasonable
jury would decide....if they did, there'd be no need for a
jury, just a poll of the lawyers...which of course would be unanimous since all
the lawyers would have the same reasonable
jury in mind. That would mean, you could actually do away with
the whole trial....and just poll the lawyers....you wouldn't
even need the judge. [ Reply to This | Parent | # ]
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Authored by: Anonymous on Friday, May 18 2012 @ 02:14 PM EDT |
I offer this:
The Myth
of the Reasonable Man - The Case of Fardell versus Potts
(A. P. Herbert,
from Punch magazine)
The Common Law of England has been
laboriously built about a mythical figure-the figure of 'The Reasonable Man'. In
the field of jurisprudence this legendary individual occupies the place which in
another science is held by the Economic Man, and in social and political
discussions by the Average or Plain Man. He is an ideal, a standard, the
embodiment of all those qualities which we demand of the good citizen. No matter
what may be the particular department of human life which falls to be considered
in these Courts, sooner or later we have to face the question: Was this or was
it not the conduct of a reasonable man?
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