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| neatbik |
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 neatbik World Chat Champion

Joined: 27 Jun 2007 Karma :  
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 Posted: 19:35 - 30 Sep 2010 Post subject: Trial by jury |
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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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 Skudd Super Spammer

Joined: 01 Oct 2006 Karma :   
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| Kickstart |
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 Kickstart The Oracle

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| Itchy |
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 Itchy Super Spammer

Joined: 07 Apr 2005 Karma :     
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 Posted: 19:48 - 30 Sep 2010 Post subject: |
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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. ____________________ Spain 2008France 2007Big one 2009 We all die. The goal isn't to live forever, the goal is to create something that will. In the end, your life will flash before your eyes. Make sure it is worth watching. |
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| Imonster |
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 Imonster World Chat Champion

Joined: 18 Oct 2006 Karma :   
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| colin1 |
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 colin1 Captain Safety
Joined: 17 Feb 2005 Karma :  
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 Posted: 19:50 - 30 Sep 2010 Post subject: Re: Trial by jury |
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| 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?
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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. ____________________ colin1 is officially faster than god |
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| wr125x2011 |
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 wr125x2011 Nova Slayer

Joined: 25 May 2010 Karma :    
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| colin1 |
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 colin1 Captain Safety
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| neatbik |
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 neatbik World Chat Champion

Joined: 27 Jun 2007 Karma :  
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 Posted: 19:57 - 30 Sep 2010 Post subject: |
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Cheers guys, some interesting thoughts there  |
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| Imonster |
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 Imonster World Chat Champion

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| Chris750 |
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 Chris750 Brolly Dolly
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| colin1 |
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 colin1 Captain Safety
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| neatbik |
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 neatbik World Chat Champion

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| Slacker24seve... |
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 Slacker24seve... World Chat Champion

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| Mister James |
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 Mister James I want to believe!

Joined: 10 Aug 2004 Karma :     
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| Imonster |
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 Imonster World Chat Champion

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| owdamer |
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 owdamer World Chat Champion
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| doggone |
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 doggone World Chat Champion

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| oldpink |
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 oldpink World Chat Champion

Joined: 02 Aug 2006 Karma :   
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 Posted: 20:37 - 30 Sep 2010 Post subject: |
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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
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 ____________________ I have become comfortably numb
Theory & hazard 24-may 2016, CBT 8th June 2016, MOD 1 2nd Aug 2016 Mod 2 2nd-Nov 2016 - Current bike CBR 600 RR |
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| Adamantis |
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 Adamantis Scooby Slapper

Joined: 20 Oct 2008 Karma :     
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 Posted: 21:39 - 30 Sep 2010 Post subject: |
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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. ____________________ Rides: '91 CG125 (Sold), '00 CB500S (Sold), '97 Thundercat (Sold), '99 KTM EXC 300 (SOLD), '99 RSV Mille (stolen. Thieving SCUM!!!), '94 DR350 (sold), '10 Vstrom 650 (hated it so much I gave up riding), now on the OH's CBF1000 until I can afford another Mille... |
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| colin1 |
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 colin1 Captain Safety
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| wr125x2011 |
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 wr125x2011 Nova Slayer

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| Ariel Badger |
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 Ariel Badger Super Spammer

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| Raffles |
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 Raffles World Chat Champion
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| Imonster |
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 Imonster World Chat Champion

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Old Thread Alert!
The last post was made 15 years, 140 days ago. Instead of replying here, would creating a new thread be more useful? |
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