Here Comes The Judge!
By jujunme
@jujunme (2501)
United States
August 13, 2011 6:58pm CST
I would like your opinion on the jury system in the U.S.I truly believe it's flawed in many ways and in a lot of cases completely unfair and bias.
There are cases where juries are not able to follow most forensic evidence and also take the meaning of reasonable doubt to a whole new level where,unless there's a "smoking gun"(an actual witness to the crime) the perpetrator in many cases is set free, not to mention the lack of common sense and personal opinions brought into the mix.
What i would suggest is that judges should decide the guilt or innocence of a person.
They know the facts of the case better than anyone,follow the evidence no matter how complex and of course know the laws on exactly what reasonable doubt truly means.
So even though we probably will never see the day when this may happen i am interested to know what you think. should judges decide guilt or innocence?
3 people like this
7 responses
@oXAquaXo (607)
• United States
14 Aug 11
Of course not, that's a bad idea. First of all, the judge is only one person with only one opinion. No one may know for sure whether the crime occurred or not. That's why we need a wide range of perspectives, even if some of them are a little clouded. It would be almost dictatorial/totalitarian if only one person, the judge, is the ultimate decider. That person would have too much power put into his hands, and people could abuse that power way too easily. Not everyone is "stupid" or "doesn't know the law" that well. They actually go through a process to choose qualified people to judge. These people are everyday people (not just people working in politics, a career that everyone knows is largely based on bias and climbing to the top) that can bring a new outlook on the case.
Happy mylotting!
@oXAquaXo (607)
• United States
15 Aug 11
Ok, good, a panel of judges is slightly better.
And even though judges are to follow the letter of the law, there are many that still don't because politics are involved. Everyone is supposed to follow the law. But then why do so many people break it? There are many examples of this, as politics can influence the judges' way of thinking. And we believe judges are just regular people. And to an extent, that is very true. But judges have a different agenda then most people, one that deals with politics and can influence their behavior.
And no one knows for sure what happened with the OJ Simpson case or the Casey Anthony trial, and we people, who aren't even the jurors, know even less. The jury was presented with evidence for several months, over 600 pieces of it. People like us watch CNN for a couple of minutes every night. We don't know as much as those jurors, and I trust that they made a good decision.
Happy mylotting!
@jujunme (2501)
• United States
15 Aug 11
When i say judges should decide criminal cases i'm certainly not referring to one but a panel of judges, just as it is in Supreme court where a panel of judges decide the merits of an appeal.
No matter how you look at it, whether it be a panel of judges or 12 jurors these are all human beings and even if politics become involved, judges are to follow the letter of the law the same as jurors do.
No one is claiming jurors are stupid or unable to decide the guilt or innocence of a defendant, but there are way to many times where juries have left their common sense at home and have used reasonable doubt to mean without a shadow of a doubt and the best examples of this were the OJ Simpson case and of course the Casey Anthony fiasco.
@oXAquaXo (607)
• United States
16 Aug 11
And if you say that regular people have their own personal opinions against the defendant, that would be true with judges as well. We are all human, and we can't help having personal opinions of the defendant. But what regular people DON'T have are political agendas at hand.
@Fragab (128)
• Philippines
14 Aug 11
That is a good discussion to start with. I think you have a point with juries having the last say with regards to matters that might have a different turnout if decided by a more knowledgeable person. My two cents, is that judges should have a bigger percentage when it comes to decisions.
@jujunme (2501)
• United States
15 Aug 11
Well,judges do play a very important part in the courtroom since they are there to make sure certain evidence is either allowed or disallowed, over ruling or sustaining the questioning of attorneys and of course instructing jurors on the law and whatthey can or cannot base their decisions on.
If there were no judges in the courtroom trials would become free for all's where anything and everything would be allowed.I think attorneys would love if there weren't any judges there it would afford them the opportunity to ask any questions they wanted to without worrying about them being inappropriate or prejudicial.
@ShepherdSpy (8544)
• Omagh, Northern Ireland
14 Aug 11
Ironically enough, I was coming in to look at this discussion having heard there was a new take on the "Judge Dredd" Character in another upcoming movie,and thought this may have been about that..and then was a little disappointed I read your post!
So,Like in Dredd's futuristic World, You think the Judges Should be the sole Arbiter of the law? There's no further need to present evidence to 12 unbiased citizens of someone's guilt or innocence as a counterbalance to the strict rule of Law? In effect,Zero Tolerance Judgement?
Going by the reported articles on the Application of Zero Tolerance I'm reading that are taking place in US schools alone at present,I hope there will always be some equivalent to a Jury until a better system can be created...
@ShepherdSpy (8544)
• Omagh, Northern Ireland
14 Aug 11
Sorry..Should have put an "Until" in there after "Disappointed!"
@Hatley (163776)
• Garden Grove, California
14 Aug 11
hi Jujunme I think you might have a great idea but still I believe
the thought was that a mix of people might give a good mix of fellow men and women who could not be biased against for for the defendant. some judges might get too eager,I am not really sure. i do know that mom whom I am sure killed her own darling little daughter has walked free because the prosecutions team was not enough on the ball to present completely damning evidence. but again if we had judges who were not at all familiar with any aspects of the case so that would not be biased either direction we might a much fairer end of a trial. I am sure in my heart that Casey woman got free when she really should be given life, she lied and she just to me was not believable at all.
@jujunme (2501)
• United States
14 Aug 11
Hi Friend: In the case of Casey Anthony i still can't believe she was found not guilty,the evidence may not have been complete, but i do believe there was enough for a conviction of some sort.The jury themselves now claim they're sorry they voted that way, which makes it even harder to accept the outcome and Casey's case is just one reason i think the jury system is flawed.
How do you make sense of the fact that 2/3 of the country believe she murdered her little girl? and yet,the jury found her not guilty,it just doesn't make sense to me.That is why i think a panel of judges deciding the guilt or innocence of a person on trial would be a much fairer, especially if they had no personal opinion and would decide purely on the evidence in the case.
@ladym33 (10979)
• United States
14 Aug 11
I don't think it is the jury system that is flawed. I think that it is the allowance and dis-allowance of evidence that it is the problem. I don't think any evidence should be able to be kept from the juries or be chosen to be un-admissable. Sometimes the system protects the criminals. My sister in law was killed by a driver who was under the influence. He was out on probation when he hit her and he was not even supposed to be out driving except to drive to work, so he was in violation of his probation when he hit her, somehow his lawyer was able to make sure that, that bit of evidence never was brought up in during the trial.
@oXAquaXo (607)
• United States
14 Aug 11
That's a very good point. Disallowing good evidence in court can really take away a huge portion of the story. I'm really sorry about your sister.
An example, as everyone probably knows, is the Casey Anthony trial. A lot of evidence that was discovered never made it to court, and the jury would never know part of the story. There was something about decomposition being in the air of the trunk of the car, and the lawyers managed to persuade them not to show that piece of evidence to the jury. It would have been important, too.
I also agree that I don't believe the jury system is flawed, more as parts of the justice system itself are flawed. There are things like this that can really damage the integrity of the definition of justice in the US.
Happy mylotting!
@bamikalipal (588)
• Philippines
14 Aug 11
Jury selection can never be perfect. Bias and discrimination cannot be avoided. But, there's JNOV, Judgement Notwithstanding Verdict. This permits the judge to pronounce a verdict of guilty or not guilty despite the jury's verdict in order to protect the defendant from an extreme and unreasonable jury decision. When no evidence on a key element was presented and the jury collectively makes a decision, despite, then that decision is clearly unfair and unreasonable.
But the problem is, can the judge be completely objective? Let's not forget that he is also human. Jeez, this is such a difficult matter for me to appraise. It's safer for me to say, "GOK." Have a great day, jujunme!
@jujunme (2501)
• United States
14 Aug 11
it's the bias and discrimination that worries me when it comes to juries handing out verdicts in criminal cases.
A perfect example of this was the OJ Simpson verdict, did you know that 2 of the jurors actually admitted that they couldn't find him guilty because he was a famous football player? if that isn't bias,i don't know what is.
Judges may not always be objective in their decisions but they are much more likely to hand down a fair and appropriate verdict based on the evidence and rules of law then 12 random people who are not schooled in these areas.
Suffice it to say that there will never be a perfect judicial system and i do agree that whether it be a panel of jurors or judges handing down verdicts,in the end they are all human beings with flaws of their own. You have a nice day as well.
1 person likes this
@samafayla33 (1856)
• United States
14 Aug 11
Our Judicial system is based on one simple principle, freedom, but not freedom to do anything you want. There are laws to protect others, but unfortunately our justice system helps both criminals and innocent people. Sometimes people get away with things because of a few things. Juries are based on evidence whether it adds up to guilt/not guilty. Plea bargains are made if an individual cooperates with certain things and that means they can get freed for lack of evidence. Lack of evidence gives individuals incentive on having their case dropped and no further judicial time.