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No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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a sad state of affairs | 244 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
a sad state of affairs
Authored by: Wol on Wednesday, May 22 2013 @ 07:47 PM EDT
The problem with the American Criminal system is not the jury. It's getting in
front of a jury in the first place. Look agt what happened to Aaron Swartz.

I don't know how the UK jury system compares, but you won't see jurors talking
like we saw in the Samsung case. If he'd been a UK juror he would have got six
months for contempt if he was lucky! Not for what he said, but just for
talking!

We do get the odd disaster, but they also tend to get put right. I don't think
we have THAT many enduring miscarriages of justice, and I think most of them are
down to the gutter press!

Cheers,
Wol

[ Reply to This | Parent | # ]

a sad state of affairs
Authored by: PJ on Wednesday, May 22 2013 @ 07:52 PM EDT
In some cases, you might do better with a judge, if only because it's easier to appeal and because the case may include topics that are very complex and you worry a jury might not get it. It's a choice you can sometimes make, depending on several issues.

Lawyers usually know how judges have ruled in the past, as that's part of their job, and so they kind of know what they are getting, and if it's a good record, they can advise a client to stick with a judge and not ask for a jury or ask the judge to handle some topics and not others. You see that a lot in civil trials.

Here's a page and a second one that explains some of what's involved in a criminal case.

[ Reply to This | Parent | # ]

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