• TJDetweiler@lemmy.ca
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    7 hours ago

    I’m going to copy WoodScientist’s post. Don’t know how to tag, sorry, but credit goes to him for this.

    "I would say that jury nullification isn’t just some accident of the legal system, but the primary reason we have juries in the first place.

    Judges will say that juries are meant to just decide the simple facts of the case. But what sane person would ever design a system that assigns 12 random untrained nobodies to do that task? If all that mattered was judging the facts of the case, why not have 12 legal scholars instead? Why isn’t “juror” a profession, just like being a lawyer or judge is? If we want people to just apply the letter of the law to the facts of a case, why not fill juries with professionals, each who had a legal degree, and who have sat as jurors hundreds of times? Judging evidence and reading law is a skill. And it’s one that can be educated on, trained, and practiced. Why do we have amateur juries, when professional juries would clearly do their purported job so much better? Or why not just do what some countries do, and have most or all trials decided solely by judges? What exactly is the point of a jury? Compared to everything else in the courtroom, the jurors, the ones actually deciding guilt or innocence, are a bunch of untrained amateurs. On its face, it makes no damn sense!

    No, the true reason, and really the only reason, we have juries at all is so that juries can serve to judge both the accused AND the law. Juries are meant to be the final line of defense against unjust laws and prosecution. It is possible for a law itself to be criminal or corrupt. Legislative systems can easily be taken over by a tiny wealthy or powerful minority of the population, and they can end up passing laws criminalizing behaviors that the vast majority of the population don’t even consider to be crimes.

    The entire purpose of having a jury is that it places the final power of guilt and innocence directly in the hands of the people. Juries are meant as a final line of defense against corrupt laws passed by a minority against the wishes of the greater majority. An unaccountable elite can pass whatever ridiculous self-serving laws they want. But if the common people simply refuse to uphold those laws in the jury box, those laws are meaningless.

    THAT is the purpose of a jury. It is the only reason juries are worth the trouble. A bunch of rank amateurs will never be able to judge the facts of a case better than actual trained legal scholars with years of experience. But by empowering juries, it places the final authority of the law firmly in the hands of the people. That is the value of having a jury at all.

    Jury nullification is not just some strange quirk or odd loophole in our justice system. It’s the entire reason we have juries in the first place."

    • fine_sandy_bottom@discuss.tchncs.de
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      24 minutes ago

      This is just more words saying the same thing - that jurors should just make up the law based on the vibe of the case. It’s absurd to me that so many people in these threads complain that the legal system is unfair, and in the next breath propose that citizens should be able to set aside the law in specific situations because of the feels.

      That is the antithesis of a fair and just system and honestly it’s exasperating rehashing the same concept over and over.

      The answer to why guilt is determined by a jury of your peers is that it avoids having a judiciary that can charge, convict, and sentence a defendant. That seems patently obvious to me.

      You need to be found guilty of the charges against you by a jury of your peers. The whole point is that the jury is not experienced in law, and interprets the facts and evidence as any reasonable third party would.

      Juries are not appropriately positioned to determine a sentence because they are not experienced and have no frame of reference.

      It’s telling that in these threads my comments are awash with downvotes but no one can provide an actual rebuttal.

      Basically, people just don’t want luigi to be punished for murdering a shitty CEO. Sadly, that doesn’t make jury nullification a legitimate course of action.

      • TJDetweiler@lemmy.ca
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        33 seconds ago

        You’re missing the point, especially if you think a fair and just system even exists within the US. If you want to take the stance that “murder is illegal”, sure, what he did was illegal. Jury nullification is a way we peons can still hold an iota of power. It’s spitting in the face of unjust systems.

        Let me ask you this. Would you prefer a situation in which Luigi was convicted for murder, sentenced to life in prison, and the system never changes? Or would you prefer a situation in which exceptions are given in exceptional circumstances in an attempt to change a fundamentally broken system?

        If your answer is the former, you might just want to apply at United and work your way up.