Removing juries: 'A move towards an authoritarian state'
Posted by binning 1 day ago
Comments
Comment by johanneskanybal 1 day ago
Comment by thadt 1 day ago
It is by no means an accurate or incorruptible system. When we design and prove out a better, more robust alternative, I'll be eager to learn about it.
Comment by general1465 1 day ago
Comment by jpitz 1 day ago
Comment by nyeah 1 day ago
Comment by JohnFen 1 day ago
Comment by theoreticalmal 1 day ago
Comment by marsupial 1 day ago
Comment by Analemma_ 1 day ago
Infamously, “grand juries” are supposed to be a check against bringing frivolous charges, but they’ve never done this: there’s a famous quote about a prosecutor being able to get a grand jury to indict a ham sandwich. They’re also used to kill trials which are politically inconvenient but which the government doesn’t want to take the blame for burying, usually for killer cops: just tell the grand jury not to indict and then say “welp, nothing we could do.”
All the romantic stories about jury nullification being a check against government overreach are also crap. Historically the most common use in practice, by far, was when juries would exonerate people who’d been caught dead-to-rights lynching black men.
Comment by matthewowen 1 day ago
It's true that jury trials have a less than perfect history of applying justice (though of course I think it's fair to say that the judges presiding over those trials exhibited similar trials so the counterfactual of a bench trial may have been the same outcome). That said, my understanding is that jury trials are just generally favorable to defendants compared to bench trials.
FWIW jury trials are arguably less vulnerable to corruption, which is a benefit. Would be hard to pull off https://en.wikipedia.org/wiki/Kids_for_cash_scandal#Criminal... (which wrongly put thousands of children in jail for the financial benefit of judges) with juries.
I think calling it 'American exceptionalism" is a little reductive. The idea that a jury trial is a protector of civil rights in a system that upholds the law as something no-one is above literally dates back to Magna Carta. Suggesting that this throughline of civil liberty is "silly theater' is not a serious proposition.
Comment by salawat 1 day ago
Just because you didn't agree with the cases doesn't mean it was any less of an act of speech of the populace against the efforts of the authorities.
Do you fear something about what the next wave of nullifications may be used for?
Comment by billy99k 1 day ago
Much more difficult to manipulate a bunch of jurors than pay off one judge. This is why it's mostly in the movies.
"Most of Europe and India for instance."
India is one of the most corrupt countries in the world. Scammers with lots of money running call centers and diploma mills regularly get off completely by paying off judges.
Having judges only does make me feel better. I can just pay them off when I don't want to go to jail.
Comment by random9749832 1 day ago
Comment by sniggler 1 day ago
Comment by OptionOfT 1 day ago
Change always happens in the public, which then causes people to vote a certain way, which then changes the laws.
So you end up in situations where what you did is wrong by law, but you get a better outcome because of the jury, as the jury is the public, as opposed to a judge, and usually well-paid, meaning quite disconnected from the 'common man'. In the US for example judges are elected, which means they should represent the public better.
So it's not as black and white.
Comment by PessimalDecimal 1 day ago
Comment by graemep 1 day ago
The idea of giving minorities that do not have a well defined territory is a complete non-started, and there is no demand for it.
There is some extent to which religious groups can (as anyone one can) use arbitration for some disputes (but that is ultimately subject to secular law) as some Jewish and Muslim groups do or have procedures to decide matters for purely religious purposes as Catholic and Anglican canon law tribunals do (e.g. annulments and internal decisions).
I have no idea why you think anything more is even remotely likely.
Comment by 28304283409234 1 day ago
Comment by soco 1 day ago
Comment by graemep 1 day ago
They have very different legal systems, very different courts systems, very different constitutional law.
Many European states are more authoritarian than the UK, although it is hard to make comparisons.
Comment by nyeah 1 day ago
EDIT: Sorry if this came across "absolutist". I'm saying transferring power upward from the jury to the judge is a step towards centralizing power. That is true by inspection.
But I'm not saying that eliminating juries is, by itself, the whole slippery slope to losing freedom. I'm not even saying that having juries is necessary for freedom. I'm saying it's one safeguard. It's important where I live.
Comment by AnonymousPlanet 1 day ago
You might not be aware, but a lot of democratic and definitely not authoritarian countries don't make use of juries at all or only in a limited way.
Comment by nyeah 1 day ago
I didn't say that juries/no juries is a test, by itself, for authoritarianism. It's not. For countries that do fine without juries, apparently the trade-off of giving power to the judge is working fine. Given everything else in the whole system. But the rest of us don't have that whole system.
Comment by random9749832 1 day ago
Comment by draw_down 1 day ago
Comment by heddelt 1 day ago