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Why ask if you wish to be untainted by others' opinions? | 319 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Why are juror allowed to deliberate/talk among themselves?
Authored by: Ian Al on Saturday, May 19 2012 @ 02:53 AM EDT
When I served on a jury I was, by far, the most proficient in the group.

I was surprised by the points I missed that were picked up by the lesser members
of the jury.

The questions they asked of the court also revealed even more aspects of the
case.

Even though I am, of course, supreme as a member of the jury, I still find it
helpful to refine my findings on the basis of the thoughts of lesser members.

Yours faithfully
Sheldon Cooper

---
Regards
Ian Al
Software Patents: It's the disclosed functions in the patent, stupid!

[ Reply to This | Parent | # ]

Why ask if you wish to be untainted by others' opinions?
Authored by: hardmath on Saturday, May 19 2012 @ 10:46 PM EDT
There's a long history of judicial judgement being reached by more than one
person. But if you feel that tradition is completely misguided, far be it from
me to try and persuade you of the virtues of concensus. Please stop reading
here.

(1) I've served on juries more than once, but my wife has never been asked.
That said, neither of us can imagine how the system would work if jurors don't
deliberate. The deliberation process is an opportunity to review the evidence
and carefully parse the instructions as to law applied in the case.

(2) I suspect most of us reach more carefully considered decisions when we
discuss the points out loud. It may be that a large fraction of people are
unable to analyze the instructions and evidence without verbal discussion.

(3) The deliberation is supposed to be done in a manner that reaches concensus
without violating the conscience of any individual juror. If simply hearing out
the views of other jurors were "contaminating" rather than informing
our own judgement, then our legal system would have a poor foundation. Voir
dire is intended to weed out potential jurors who lack the ability to properly
discharge this responsibility.


---
"Prolog is an efficient programming language because it is a very stupid theorem
prover." -- Richard O'Keefe

[ Reply to This | Parent | # ]

  • In Addition - Authored by: Anonymous on Monday, May 21 2012 @ 01:24 AM EDT
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