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| Authored by: Anonymous on Wednesday, August 29 2012 @ 12:02 PM EDT |
If you are going through a process where each step builds on the previous ones,
then it's like trying to build a bridge and then go back at the end to do the
foundations. The foundations might be the hardest part, but getting them right
first makes everything else easier.
Personally I'd assume a lot of thought from the judge and lawyers went into the
order of the verdict form questions, and that the order was to help the jury not
hinder it.[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Wednesday, August 29 2012 @ 03:10 PM EDT |
I think this must raise questions about the jury system, perhaps
not fundamentally, but at this moment in time.
If a jury just is following instructions and tries to answer
questions with the elements given, I suppose the system can work
fine. But what if jury members come with their own agenda?
We live in a time political discussions are entering other area's
like science, religion, the legal system. Where some political
groups act fanatically and go beyond what is reasonable. Like
judges that are politically attacked about their decisions in
court.
Just suppose jury members taking a little bit of that kind of
lead and see their jury time as an opportunity to push their view
on things?
With case law it looks as if jury's are making decisions that
really should have been made by politicians. And that many times
have political aspects to them.
Could this not end up as gambling about crucial decisions? You
happen to hit a jury where all the strong characters, the self
declared experts, have the same (political related) opinion. And
you get a decision that may be very unrepresentative for the
wishes of the population. And that would be able to change things
for the future?
What's more, correct me if I am wrong, I have the impressing that
many jury's that won't take too restrictive decisions can be
overturned in an other trial with one jury that makes such a
decision. And that it is hard for any next jury to change that.
(Or will the next legal verdicts and jury's decisions not be
limited by this jury decision about for instance design patents
if it stands?)
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