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  1. #1
    The cold, wet one
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    Can we have a truly unbiased jury?

    Not sure if this is lounge or SC. If I'm wrong with placement, mods, please move it.

    Mr NR and I were having a discussion about the death penalty yesterday. We hold opposing views - he's for, I'm against. While stating our arguments, I said that I don't believe in this day and age you can have an unbiased jury for a heinous crime, such as murder.

    Not only do the media play such a huge part in attempting to sway our views, now social media allows people to metaphorically hang, draw and quarter people for no reason other than a "friend" claimed they did something.

    On my FB page I get about 2 or 3 posts a week with photos on (usually of males) saying that the person is a paedophile/fights dogs/whatever. If people are willing to condemn with no more evidence than hearsay, how can we still rely on the Western jury system?

    Anybody have a view on this?

  2. #2
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    I'm against death penalty for a number of reasons, impartial juries are one of them.

  3. #3
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    Hearsay is inadmissible as evidence in a court of law.

    However, juries can be infected and swayed by hearsay, which is one reason that a jury selection process is so drawn out.

    Current advances in forensic science can eliminate false evidence when presented, so I tend to trust a trial process where emphasis is placed on forensic evidence, be it pathological, psychological, geological, financial or any other forensic evidence is exhibited for consideration by a panel of judges and a jury if that were possible, as a method of avoiding false convictions.

    The death sentence is a quick and welcome way out for some, Timothy McVeigh comes to mind in that case.

    Lifelong confinement in a secure institution with labour is my recommendation for murder, although I'll admit at times that my feelings run to wanting to see the noose returned to the beam.

  4. #4
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    the death penalty is there for some sort need for revenge... eye for an eye kind of thing...

    I only think the death penalty should be used for only the most vile and heinous of crimes. I also think the overwhelming burden on the American penal system has left no room for rehabilitation. Criminals come out of the system far worse than when they went in.

    I have no answers for you NR

    the Romans were creative... they would put a criminal in bag with a dog, monkey and a snake and throw them into the water... that's fucking creative!

  5. #5
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    Quote Originally Posted by ENT View Post
    Hearsay is inadmissible as evidence in a court of law.

    However, juries can be infected and swayed by hearsay, which is one reason that a jury selection process is so drawn out.

    Current advances in forensic science can eliminate false evidence when presented, so I tend to trust a trial process where emphasis is placed on forensic evidence, be it pathological, psychological, geological, financial or any other forensic evidence is exhibited for consideration by a panel of judges and a jury if that were possible, as a method of avoiding false convictions.

    The death sentence is a quick and welcome way out for some, Timothy McVeigh comes to mind in that case.

    Lifelong confinement in a secure institution with labour is my recommendation for murder, although I'll admit at times that my feelings run to wanting to see the noose returned to the beam.
    Ent, please give me an example of a trial that used forensic geological evidence in order to avoid a false conviction, was it a murder trial?

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    ^ Dirt samples on tires, shoes matched to the unique dirt at the crime scene.
    Must have been done somewhere, I saw it on CSI.

  7. #7
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    Forensic geology is the presentation of findings resulting from geological determination of a given rock sample, of any form, in a court of law.

    Geological analysis is used constantly in business, but how it's presented in court in say a criminal case is forensic ie. pertaining to law.

  8. #8
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    Forensic geology was used in the manslaughter trial of Randy Blythe.

    It proved that he wasn't really a rock star.




    http://en.wikipedia.org/wiki/Randy_B...slaughter_case

  9. #9
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    Quote Originally Posted by ENT View Post
    Hearsay is inadmissible as evidence in a court of law.

    However, juries can be infected and swayed by hearsay, which is one reason that a jury selection process is so drawn out.

    Current advances in forensic science can eliminate false evidence when presented, so I tend to trust a trial process where emphasis is placed on forensic evidence, be it pathological, psychological, geological, financial or any other forensic evidence is exhibited for consideration by a panel of judges and a jury if that were possible, as a method of avoiding false convictions.

    The death sentence is a quick and welcome way out for some, Timothy McVeigh comes to mind in that case.

    Lifelong confinement in a secure institution with labour is my recommendation for murder, although I'll admit at times that my feelings run to wanting to see the noose returned to the beam.
    Oh the irony!! How can you say that? You weren't there when it happened and didn't witness it personally so based on your skeptical position on other similar topics there's no way you can be impartial and consider the evidence at hand..

  10. #10
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    No, you can't- however, the system currently in place (in the US, at least) allows an equal number of juror rejections (after interviews) for both the prosecution and defense, and both have the option of employing jury selection specialists- while this may very well mean that there is a more-or-less equal split in the bias of the jury (one side leaning towards acquital, the other for guilt- it's unlikely everyone would be of the same opinion before the start of the trial), it would also mean that several of these biased jurors would have to be swayed from their preconceived notions in order for a verdict to be rendered (a split jury means a mistrial).

    If you can't have unbiased jurors, at least the current system allows a mix of opinions and preconceptions, which (provided proper rules of the court are followed) should generally lead to a fair verdict (of course there are exceptions, but what else can be done?)
    There he goes. One of God's own prototypes. A high-powered mutant of some kind never even considered for mass production. Too weird to live, and too rare to die.
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  11. #11
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    It is a group of one's peers. If you canvas your friend's you will find that some have strong views, it simply human. I suspect that is why then are 12 so that the question can be discussed and all view points heard.

    Of course the bias only affect people who have generally broken the law so it doesn't affect the bulk of the law abiding public.

    Depends which system we are talking does it not? I believe in the US system the jury decides the penalty. Am I right?

    Whereas in the UK system the jury simply decides quilt or otherwise and the judge sentences the guilty, according to the law.

    This takes the onus of sentencing from amateurs and places the responsibility on the "professional'.
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  12. #12
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    What alternative is there to a jury trial that would be free of bias? Judges hold bias too...even though they are not supposed to. Panels of judges are often split when confronted with the same evidence and facts. They see the same things in different ways.....because of their biases....just like anyone else.

    Forensic evidence is fine up to a point, but even good forensic evidence can be challenged and ultimately interpreted in different ways. Some forensic science used in trials is just junk science and is quite often countered with more junk science....and to make matters worse, nobody on the bench or the jury is a scientist.....

  13. #13
    Excommunicated baldrick's Avatar
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    could juries have a percentage of professional jurors ?

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    I think there is a lot greater chance of getting a fair unbiased decision from a jury than from a judge whose very job and prospects depend upon them complying with the establishment or their corporate interests. What I do not agree with is the ability for counsel to change jury members, trying to construct a jury appropriate for their case. It should indeed be completely random, and from another party of the respected country.

  15. #15
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    I'm unsure if a jury can achieve a verdict which could be considered 'fair' knowing that a death sentence may be imposed.

    Jury members are normally upstanding members of the community who possess a conscience. The state then requesting those individuals to form an opinion and divorce themselves from the outcome of their vote, whereby a person may/will die, is obtuse in the extreme.

    The state should not be expecting good citizens to do their dirty work for them.

    Notably, in the 21st Century legalised murder is mostly reserved for 'developing' nations.

  16. #16
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    Quote Originally Posted by ENT View Post
    Forensic geology is the presentation of findings resulting from geological determination of a given rock sample, of any form, in a court of law.

    Geological analysis is used constantly in business, but how it's presented in court in say a criminal case is forensic ie. pertaining to law.
    Which programme are you referring to CSI or NCIS?

  17. #17
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    Having recently completed jury service here in the UK , I can say from the 3 trials I sat on that I have a lot more faith in a fair conviction than I did before I done it.

    It was very hard to get a guilty verdict , as the UK system only allows guilty as charged if the jury is BEYOND ANY REASONABLE DOUBT the accused is guilty.

    I know your talking about the death penalty here and the strongest case I sat on was attempted murder with threats to kill ,, but GENERALLY speaking the process is the same .
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  18. #18
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    Quote Originally Posted by baldrick
    professional jurors ?
    Who pays the piper picks the tune.

    Here's what I would like to see. Court cases run as usual, all video'd, but with no jurors in the room. Then, after the prosecution and defence have done their piece, a jury is shown all the vidoes and evidence in one sitting. The lawyers / barristers are not shown, and nor are their voices. Their questions are written out, and any emotional rheotic etc is removed. Juries then make their judgement on the facts rather than which lawyer they like the best. It would keep their time spent to a minimum, without them being exposed to all the delays etc. One day, one video.

  19. #19
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    The whole system is skewed by the media and the lawyers. A state or court appointed lawyer will usually be at the bottom of the food chain, and the wealthy and media savvy can buy the best and manipulate the media. It has even been known for Jurors to be tampered with.
    A single judge cannot possibly have enough knowledge to rule on some of the more complex cases.
    Given that basis the jury system is flawed however they are selected and managed.
    It just happens to be the same as democracy. It's not perfect but it's the best we've got.
    It is also the reason why the death penalty should be abolished. Who would want this imperfect system to decide on the fate of a loved one?
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    Whilst I can think of plenty who surely deserve the death penalty, there have been too many people that have been wrongly convicted and released on appeal.
    Mothers convicted of murdering their own children, then the forensic evidence found to be unreliable.

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    I am of the opinion that where there is not a shred of doubt to the guilt of the person accused then they should face the death penalty. There are lots of cases where this is the case and the vast majority of the British public want a return to it.
    Where there is any doubt as to the guilt then the death penalty shouldn't be an option on a guilty verdict but rather a full life sentence of hard labour and not the holiday clubs they call prisons these days.
    In the UK you can kill someone, plead guilty and be back on the streets in a few years on a tag after doing most of your time in an open, cushy prison.
    That is what pisses most people off.
    Treat everyone as a complete and utter idiot and you can only ever be pleasantly surprised !

  22. #22
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    Quote Originally Posted by VocalNeal
    It is a group of one's peers. If you canvas your friend's you will find that some have strong views, it simply human. I suspect that is why then are 12 so that the question can be discussed and all view points heard.
    A problem being the nature of power relationships within these groups. One 'bully' can sway the trial against the wishes of the majority.

    The system is flawed. Fundamentally, it's there to keep the masses in check rather than actually be fair or unbiased, imho... The judiciary is a political tool (we all know it shouldn't be...), pure and simple.
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    I have a split opinion on that. In general I am against death penalty. But there are some cases of heinous crimes where I think that person should not live.

    That's the revenge thing I guess. Part of it is that a life sentence should mean life and not 15 or 20 years.

    Also hearing about some cases in the US (and probably elsewhere, but you don't hear about them so much) it is not always the jury. Investigation and prosecution can also be massively biased.
    "don't attribute to malice what can be adequately explained by incompetence"

  24. #24
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    I have absolutely no problem with the death penalty simply because some humans are not humans at all and comit the worst crimes imaginable like raping and dismembering babies and other niceties.

    I feel that the people that do not agree with the death penalty would change there mind in a millisecond if one of there own children came face to face with such a hideous end.

    The emotional and physical pain that certain individuals chose to inflict on others can only be countered by the Death penalty. Just off them, easy as that.

    A slow very painful death preferably.

    There's only one problem with the death penalty and that is its all over much too quickly.

  25. #25
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    what is henry kissenger, george bush, and tony blair doing right now.
    if citizens are a danger to society then they should be locked up until shown
    that they can function in a civilised manner
    if that is possible.
    plan B send them to australia, .

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