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sMASH wrote:be falsely accused of a crime, then u see the judge is a school padnah of the man accusing you.
sMASH wrote:be falsely accused of a crime, then u see the judge is a school padnah of the man accusing you.
meccalli wrote:http://www.judges.org/uploads/jury/Why-Jury-Trials-are-Important-to-a-Democratic-Society.pdf
sMASH wrote:depending on how judgement is set up, u might have jurors who don't understand the laws enough give appropriate decisions. eg, not understanding the difference between actual evidence and circumstantial evidence. or not being able to separate emotion from the evidence....
each has their merits and flaws.
usually in the more gruesome cases western world tends to have juries, usually.
bluesclues wrote:sMASH wrote:depending on how judgement is set up, u might have jurors who don't understand the laws enough give appropriate decisions. eg, not understanding the difference between actual evidence and circumstantial evidence. or not being able to separate emotion from the evidence....
each has their merits and flaws.
usually in the more gruesome cases western world tends to have juries, usually.
I give an a for effort in parotting. But with that logic we should remove the citizens ability to vote too unless they can demonstrate a complete understanding of economic management, governing and managing resources in general. We have many uneducated voters who dont understand heads nor tails of what is said on the podium. But we accept their vote at the ballot box. And driving. Lets not give anyone a driving license unless they also pass a trigonometry and physics exam.
This is why its called a jury of peers. A randomly selected jury is a reflection of and representation of society. If too many times selected jurors dont understand or have the aptitude to process the law at the level of a lawyer or judge, that's a reflection of society, and that is the purpose of a jury of peers in making a judgement on it's fellow citizen. To translate what is said above by smash... the claim is..
That the average trini is too stupid and too ignorant of the law to make up a good jury.
At the end of the day who fault is that? Who's responsibility is it to educate the citizenry and empower them with understanding of the law. And again, that's the point. If the average citizen is too stupid to understand the law, then that would have something to do also with the reason why there is a defendant in a criminal case.
So it is disingenuous, to on one hand say...
'We know that trinis do not understand the law on average'
While on the other hand say
'Let us judge them harshly from a professional standpoint even though we know when we ask them if they 'understand' and they say yes, that they really dont understand.'
The jury system was created precisely for this. Since society makes the laws, society also interprets those laws. And interpretation will occur on a cultural mentality and education level. Not from the professional law-giver's perspective. This in itself makes the justice system fair. As if a jury doesnt like a law they can utilize jury nullification in the courtroom until the law is properly amended to suit society's requirement. It doesnt matter what level of education or training they have in law-making and interpretation. If every time you pick a jury, half of them are illiterate and still running on standard 2 vocabulary, that is a reflection of the society you are judging when a person has to stand at the defence.
Thus in this case i would say to the judiciary.
'Sit ur ass down, and do your job' 'and i dont want to hear anything about this again'.
desifemlove wrote:bluesclues wrote:sMASH wrote:depending on how judgement is set up, u might have jurors who don't understand the laws enough give appropriate decisions. eg, not understanding the difference between actual evidence and circumstantial evidence. or not being able to separate emotion from the evidence....
each has their merits and flaws.
usually in the more gruesome cases western world tends to have juries, usually.
I give an a for effort in parotting. But with that logic we should remove the citizens ability to vote too unless they can demonstrate a complete understanding of economic management, governing and managing resources in general. We have many uneducated voters who dont understand heads nor tails of what is said on the podium. But we accept their vote at the ballot box. And driving. Lets not give anyone a driving license unless they also pass a trigonometry and physics exam.
This is why its called a jury of peers. A randomly selected jury is a reflection of and representation of society. If too many times selected jurors dont understand or have the aptitude to process the law at the level of a lawyer or judge, that's a reflection of society, and that is the purpose of a jury of peers in making a judgement on it's fellow citizen. To translate what is said above by smash... the claim is..
That the average trini is too stupid and too ignorant of the law to make up a good jury.
At the end of the day who fault is that? Who's responsibility is it to educate the citizenry and empower them with understanding of the law. And again, that's the point. If the average citizen is too stupid to understand the law, then that would have something to do also with the reason why there is a defendant in a criminal case.
So it is disingenuous, to on one hand say...
'We know that trinis do not understand the law on average'
While on the other hand say
'Let us judge them harshly from a professional standpoint even though we know when we ask them if they 'understand' and they say yes, that they really dont understand.'
The jury system was created precisely for this. Since society makes the laws, society also interprets those laws. And interpretation will occur on a cultural mentality and education level. Not from the professional law-giver's perspective. This in itself makes the justice system fair. As if a jury doesnt like a law they can utilize jury nullification in the courtroom until the law is properly amended to suit society's requirement. It doesnt matter what level of education or training they have in law-making and interpretation. If every time you pick a jury, half of them are illiterate and still running on standard 2 vocabulary, that is a reflection of the society you are judging when a person has to stand at the defence.
Thus in this case i would say to the judiciary.
'Sit ur ass down, and do your job' 'and i dont want to hear anything about this again'.
So what happens if there is an Afro or Indo defendant, and despite the evidence being clear, the jury say dey ent like he cos he Afro/Indo? would that be fair?
sMASH wrote:
What I feel we can do is implement an appeal system. The initial case for minor matters, will be done to save time. If someone has a query or a discrepancy about the verdict or the penalty, the judgment can be postponed and the appeal can happen with jurors, or even w public forum.
sMASH wrote:
bluesclues wrote:desifemlove wrote:bluesclues wrote:sMASH wrote:depending on how judgement is set up, u might have jurors who don't understand the laws enough give appropriate decisions. eg, not understanding the difference between actual evidence and circumstantial evidence. or not being able to separate emotion from the evidence....
each has their merits and flaws.
usually in the more gruesome cases western world tends to have juries, usually.
I give an a for effort in parotting. But with that logic we should remove the citizens ability to vote too unless they can demonstrate a complete understanding of economic management, governing and managing resources in general. We have many uneducated voters who dont understand heads nor tails of what is said on the podium. But we accept their vote at the ballot box. And driving. Lets not give anyone a driving license unless they also pass a trigonometry and physics exam.
This is why its called a jury of peers. A randomly selected jury is a reflection of and representation of society. If too many times selected jurors dont understand or have the aptitude to process the law at the level of a lawyer or judge, that's a reflection of society, and that is the purpose of a jury of peers in making a judgement on it's fellow citizen. To translate what is said above by smash... the claim is..
That the average trini is too stupid and too ignorant of the law to make up a good jury.
At the end of the day who fault is that? Who's responsibility is it to educate the citizenry and empower them with understanding of the law. And again, that's the point. If the average citizen is too stupid to understand the law, then that would have something to do also with the reason why there is a defendant in a criminal case.
So it is disingenuous, to on one hand say...
'We know that trinis do not understand the law on average'
While on the other hand say
'Let us judge them harshly from a professional standpoint even though we know when we ask them if they 'understand' and they say yes, that they really dont understand.'
The jury system was created precisely for this. Since society makes the laws, society also interprets those laws. And interpretation will occur on a cultural mentality and education level. Not from the professional law-giver's perspective. This in itself makes the justice system fair. As if a jury doesnt like a law they can utilize jury nullification in the courtroom until the law is properly amended to suit society's requirement. It doesnt matter what level of education or training they have in law-making and interpretation. If every time you pick a jury, half of them are illiterate and still running on standard 2 vocabulary, that is a reflection of the society you are judging when a person has to stand at the defence.
Thus in this case i would say to the judiciary.
'Sit ur ass down, and do your job' 'and i dont want to hear anything about this again'.
So what happens if there is an Afro or Indo defendant, and despite the evidence being clear, the jury say dey ent like he cos he Afro/Indo? would that be fair?
If its that clear then a racist element can be proven by the defence attorney within the jury. Possibly through an appeal, replacing racist elements or the entire jury altogether. There is process in place to make sure that a trial is fair and not based on biases against the person, but on those facts which relate to whether or not a crime was committed and can be proven 'without a doubt'. If the jury, and by extension the public, do not wish to recognize a written law as a punishable crime then that is different. It's not personal or biased as that law and any future ammendments would apply to everyone.
What you need to ask is what if under 'no jury' conditions the judge themself is secretly racist. What recourse or appeal would the afro/indo have? It is largely more difficult for the attorney to prove a judge is racist(DURING a trial no less). Especially as they tend to carry the air of being 'above reproach'.
bluesclues wrote:sMASH wrote:
So the cj palancing with 7 million dollars in taxpayer money travelling the world for the year and getting paid for it. Then coming to ask to remove trial by jury so that they could secretly let off all they rich friend that get brought before the court and jail all d poor ppl and allyuh almost just let them get away with it. Lol
What a cj have need for all this extravagance? The public should be very unpleased with this use of money. It may be their right to budget and assign themselves whatever salary they want. But dont be ridiculous. Talking about have no money to feed jurors. And spending 7 million on plane trips. Its unethical.
U all mad. Told u once told u twice. Dont let noone touch the constitution where it pertains to your God-given rights.
For a cj to say it isnt a God-given constitutional right suggests he doesnt know the basics of law and human rights. this makes me very worried about the influence his thinking would have on the entire judiciary. He has become elitest, and proud. If he were thinking clearly he would realize that even if he could gurantee that he and the current judiciary were all straight and fair players(7 million in travel doesnt seem all that straight and fair tho). He couldnt guarantee that those that come after he retire and dead and buried wont be corrupt. In fact. If u remove jury trial now a mafia boss will send his son to school to learn law and grow him up with the distinct purpose of becoming chief justice by age 25. The judiciary would be a ripe target for biased and corrupted psychopaths to infiltrate and take control of.
Anyway, This man just threaten allyuh constitutional rights with a political hoodwink eh. So if allyuh trust him after that that is allyuh. Personally, this kinda mentality is the kind u want to weed out for democracy to thrive.
[b]Do your job without trying to take away ppl God-given rights. Ridiculous![/b]
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