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neatbik
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PostPosted: 19:35 - 30 Sep 2010    Post subject: Trial by jury Reply with quote

Just throwing this out there really - What do the people of BCF think about trial by jury?

Fair to both parties, or one sided towards the defense?
Is it still (or was it ever) a fair way to judge someones innocence or guilt?

Is it right that 12 people (or possibly 10 out of the 12) must be 100% certain of the defendants guilt in order to convict?

I have been pondering this issue for a while now, so, like i said, im just throwing it out there to the wind to see which way it blows.

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Skudd
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PostPosted: 19:46 - 30 Sep 2010    Post subject: Reply with quote

Look at alternatives, then re look at the jury.
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Kickstart
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PostPosted: 19:46 - 30 Sep 2010    Post subject: Reply with quote

Hi

I would say not fair, but probably better than the alternatives.

Not sure it is biased towards the defense. Depending on the charge it is probably quite easy for the prosecution to manipulate it in their favour.

All the best

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Itchy
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PostPosted: 19:48 - 30 Sep 2010    Post subject: Reply with quote

I'm bit on the fence about it. Namely because Juries are easy to tamper with and can be terrifically retarded also.

For example the extreme porn law, while BCF residents possibly because of STE would not find any thing extreme about a GBBB sexual encounter a granny might. Hell to secure a conviction you might just get a jury of xian grannies who ain't your peers who think anything more than a missionary position is extreme.

Or that rules are applies inconsistently for example

https://www.youtube.com/watch?v=LlFAd4YdQks

Or that girl who openly lied in court, and said she lied because she thought she wouldn't get sweets if she was caught out. The jury somehow still convicted because of this.

TBH I think it is very Russian roulette as with many things in the UK justice and the law are very separate things. OTOH I'd rather NOT prefer some systems used overseas like China where you have 3 judges decide on your fate who are often bribed by the defendent or somebody who wants a new kidney.
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Imonster
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PostPosted: 19:50 - 30 Sep 2010    Post subject: Re: Trial by jury Reply with quote

beatnck2 wrote:


Is it right that 12 people (or possibly 10 out of the 12) must be 100% certain of the defendants guilt in order to convict?



Yes - if the CPS haven't done their job properly, then fuggem. I'm aware that this issue is way more complex than the preceding sentence, but that would be my immediate thought.

"must be 100% certain/beyond reasonable doubt" - Absolutely! How can you potentially ruin someone's life if you are not sure of this?


The right to be judged by your "peers" as opposed to a judge/panel of judges (who may be seen to be out of touch with real life, possibly unfairly) also holds appeal.


That said, there are no doubt some cases that are beyond the scope of most people due to the complexities involved, eg. large financial fraud, etc. Perhaps here, a non jury system would be more appropriate.
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colin1
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PostPosted: 19:50 - 30 Sep 2010    Post subject: Re: Trial by jury Reply with quote

beatnck2 wrote:

Is it right that 12 people (or possibly 10 out of the 12) must be 100% certain of the defendants guilt in order to convict?


Its beyond reasonable doubt, not 100% certain. For this reason, they dont like putting scientists on juries as scientists tend to think of beyond reasonable doubt as more like 99.9% whereas for most people about 80% would be ok.

Trial by jury, is a bit like trial by ordeal, which is another system whereby, if someone survives a dangerous ordeal, god is on their side and has protected them so they are innocent.

Trial by jury does not find the truth, its just making a judgement on the evidence.

In Scotland, as well as guilty or not guilty, they have a verdict of not proven. So if it hasnt been proved you were guilty, its not assumed that you are innocent. This is probably more accurate, but you dont necessarily get the chance to clear your name even if you dont get punished.

I suspect that juries are more likely to get swayed by emotions and are less likely to follow the law.
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wr125x2011
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PostPosted: 19:54 - 30 Sep 2010    Post subject: Reply with quote

wow, slightly strange that this was posted today, my mother got a letter today for a jury summons.
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colin1
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PostPosted: 19:57 - 30 Sep 2010    Post subject: Reply with quote

needsy wrote:
wow, slightly strange that this was posted today, my mother got a letter today for a jury summons.


Well funnily enough, you live in worcester, and I think this thread may have been prompted by a certain malvern/worcester person possibly going to trial for something.

Wouldnt it be a funny coincidence if mum of bcfer ended up on a jury judging a bcfer.
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neatbik
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PostPosted: 19:57 - 30 Sep 2010    Post subject: Reply with quote

Cheers guys, some interesting thoughts there Thumbs Up
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Imonster
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PostPosted: 20:02 - 30 Sep 2010    Post subject: Re: Trial by jury Reply with quote

colin1 wrote:

Its beyond reasonable doubt, not 100% certain.


There is a big problem with this that I found. I was on a jury at the Old Bailey a few years back. The defendant was as guilty as hell. You just knew it. Yet the prosecution didn't do their job properly, and certainly hadn't proved beyond reasonable doubt their case for his guilt.

Myself and one other juror spent a day arguing the above with the other ten jurors - eventually the judge took a 10-2 majority verdict and the guy was found guilty. And finding out his previous at the end of his trial vindicated my initial "feeling" that he was guilty. Yet I'd spent six hours arguing that he couldn't be found guilty as the prosecution hadn't even come close to proving their case "beyond reasonable doubt". A weird situation Neutral
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Chris750
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PostPosted: 20:05 - 30 Sep 2010    Post subject: Reply with quote

There is no perfect solution.
Although the guilty need to be punished, something I find even more concerning is innocent people who get convicted and spend time in prison.
The problem with a jury is, it is impossible to be sure of totally escaping human prejudice.
Your verdict could in all likelihood depend on the individuals appointed to judge you and their personal beliefs.
As an example:
I think there is little to prevent jurors judging the accused as a results of their social prejudice.
People picked for jury service are generally law abiding citizens and respectable members of society.
I think there is always the chance- when a law abiding, respectable member of the community looks at some of the young reprobates that go through the courts these days, there may be a knee jerk reaction to assume guilt.
I know several people who come under the "juror" demographic and a percentage of them, I would not deem fit to make a fair judgement on what happens to someone else.

The system is never going to be perfect and I can't think of a better one, even though the current system has several shortcomings.
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colin1
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PostPosted: 20:05 - 30 Sep 2010    Post subject: Reply with quote

Imonster wrote:
A weird situation Neutral


So a good example of a jury rightly ignoring the law, and going with their gut.
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neatbik
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PostPosted: 20:08 - 30 Sep 2010    Post subject: Reply with quote

colin1 wrote:
needsy wrote:
wow, slightly strange that this was posted today, my mother got a letter today for a jury summons.


Well funnily enough, you live in worcester, and I think this thread may have been prompted by a certain malvern/worcester person possibly going to trial for something.

Wouldnt it be a funny coincidence if mum of bcfer ended up on a jury judging a bcfer.


Fuckin 'ell Col, you know too much!
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Slacker24seve...
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PostPosted: 20:11 - 30 Sep 2010    Post subject: Reply with quote

colin1 wrote:
needsy wrote:
wow, slightly strange that this was posted today, my mother got a letter today for a jury summons.


Well funnily enough, you live in worcester, and I think this thread may have been prompted by a certain malvern/worcester person possibly going to trial for something.

Wouldnt it be a funny coincidence if mum of bcfer ended up on a jury judging a bcfer.


Eh? You've lost me Col, whats occurring?

Needsy do you live on Malvern road by any chance? Wink
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Mister James
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PostPosted: 20:12 - 30 Sep 2010    Post subject: Reply with quote

I had to do it a few months ago - a total waste of time as I wasn't allowed to sit on most of the cases in case I knew the officers/defendants/victims/etc.

In two weeks I was allowed to sit on one case that lasted two hours, with an absent defendant.

The sheer thickness of my fellow jury members was almost unbelievable! I now live in fear of ever being in a position where I have to rely on a jury trial to save my virginal rectum from Big Bubba and the Boys on B Block.

Aside from a few kids and some civil servant types like me who can't dodge it, most of the jury members reporting for service were white retirees - they struck me as the type who buy chintzy plates from the Sunday Express magazine and write in to the Daily Mail.

A special mention to the only bloke who hadn't worked out why I kept getting called out of the waiting room to check whether I could sit on specific cases, and who started saying that all coppers are illiterate morons who didn't have a clue how to spell their own name let alone catch criminals - while sitting next to me. I can spell both my names, and I can even write them if you give me a crayon and ten minutes!
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Imonster
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PostPosted: 20:16 - 30 Sep 2010    Post subject: Reply with quote

colin1 wrote:
Imonster wrote:
A weird situation Neutral


So a good example of a jury rightly ignoring the law, and going with their gut.


No. They should still have gone with the evidence. Irrespective of previous. Irrespective of gut feeling (my own included). A not guilty verdict should have been returned.

If we start judging people based on prejudices or feeling, then we may as well go back to chucking people in rivers, and judging their innocence on whether they drown or not.
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owdamer
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PostPosted: 20:22 - 30 Sep 2010    Post subject: Reply with quote

Itchy wrote:
I'm bit on the fence about it. Namely because Juries are easy to tamper with and can be terrifically retarded also.



I guy I worked with springs to mind here, He's done jury service at least twice now. He's a nice enough bloke, but he's incredibly strong willed. What he believes is right regardless of anything anyone else says. He also seems to be under the illusion that if you have been arrested then you have obviously done something wrong. The police dont make mistakes.
Now he's only one member of the jury, but you can be sure there will be weaker characters that will cave in to his arguments and go with his verdict.
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doggone
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PostPosted: 20:27 - 30 Sep 2010    Post subject: Reply with quote

The only time I had to do Jury service I felt the rest of them judged a girl mainly on her 'punky' appearance rather than the evidence presented against her.
It was stupid trivial offence anyway about theft of a jacket, God knows how a £20 jacket came to involve a trial which must've cost several thousands to put on.
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oldpink
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PostPosted: 20:37 - 30 Sep 2010    Post subject: Reply with quote

I'd rather have 12 people off the street judge me than say just judges
even if you get one or two assholes
you have a fair chance of a fair trial as long as all sides play fair and you get to judge the facts
problem is a lot of the time the facts are twisted by the prosecution or defence to there own ends

its like should a jury be told of previous
say a convicted sex offender is accused again should it be brought up, will it taint the jury
or help them decide the guy is capable of doing the crime after all in the dock
he looks like a harmless sole (maybe even with a dog collar on)

in the Uk your more likely to get off unless its a stone wall case unlike other places
unless you live in the US and have the initials OJ then you really can get away with murder Wink
but if your young & black and poor you get caught with a few joints worth you can get 10 years

I think I'll take Uk justice
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Adamantis
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PostPosted: 21:39 - 30 Sep 2010    Post subject: Reply with quote

I think that, should I ever find myself up for something in a Crown Court , I'd be crapping myself. Juries are muppets!

I'd far prefer the appeal system to be the "actual" system - from my brief time at the RCJ, it seems to be a case of "3 Judges read all of the presented evidence, and decide whether or not the 'proof' is there".
The alternative often seems to be that 12 people sit through [possibly] a couple of months of evidence (yes, I am aware trials can take a couple of hours - my 32-hander trial has taken 6 split trials and is facing a 2 week sentence period!), try to stay awake through the joys of cell site evidence, and quite often seem to focus on a couple of specific comments early on in the trial, or on the appearance/demeanour of the defendant.

Trials are quite often as dull as hell, even when you're paid to sit through them - I'm not sure I trust the general public to have the concentration and/or common sense to judge on nothing but the evidence presented.
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colin1
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PostPosted: 21:47 - 30 Sep 2010    Post subject: Reply with quote

Thats a point. The jury system is undermined by the fact that any jury decision can be overturned by judges on appeal.
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wr125x2011
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PostPosted: 21:53 - 30 Sep 2010    Post subject: Reply with quote

Slacker24seven wrote:


Eh? You've lost me Col, whats occurring?

Needsy do you live on Malvern road by any chance? Wink

Nope, live in Bromyard.
Very close to malvern/worcester Smile
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Ariel Badger
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PostPosted: 22:19 - 30 Sep 2010    Post subject: Reply with quote

Totally against trial by jury, I want trial by people that understand the legal system not a bunch of Muppets off the street.
Same with dentists, surgeons and plumbers.
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Raffles
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PostPosted: 22:26 - 30 Sep 2010    Post subject: Reply with quote

Imonster wrote:
Irrespective of previous. Irrespective of gut feeling (my own included). A not guilty verdict should have been returned.

No it shouldn't. How many times have we heard of jury members gasping and weeping when learning of a cleared defendant's previous? You should always go with your gut instinct. The number of hurdles a case has to clear just to get before a court is incredible. The chances of a defendant being genuinely innocent these days are pretty slim. Furthermore as Colin says a person who has been wrongly convicted can always appeal.
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Imonster
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PostPosted: 22:49 - 30 Sep 2010    Post subject: Reply with quote

Raffles wrote:

No it shouldn't. How many times have we heard of jury members gasping and weeping when learning of a cleared defendant's previous? You should always go with your gut instinct. The number of hurdles a case has to clear just to get before a court is incredible. The chances of a defendant being genuinely innocent these days are pretty slim. Furthermore as Colin says a person who has been wrongly convicted can always appeal.


i) "You should always go with your gut instinct."

Nonsense. To do so makes a mockery of the entire system surely? Any wailing and gnashing of teeth carried out by the jury retrospectively is also irrelevant - the fact that a person has been guilty of a crime in the past does not mean that they were guilty in this particular instance. It is a failing of the police and CPS, not of the jury system, if a genuinely guilty person is found innocent.

ii) "The chances of a defendant being genuinely innocent these days are pretty slim."

So why isn't there close to 100% conviction rate then? This can't be down to clever briefs, as the CPS use equally qualified Barristers/solicitors. It can't be down to loopholes, as the loopholes are laid bare for all to see, consequently it's a level playing field.

iii) "Furthermore as Colin says a person who has been wrongly convicted can always appeal."

Ah, cool, that's ok then. It only takes a week or so to get your case heard again in the Court of Appeal....doesn't it? Wink
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