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How the Jury System works

POSTED BY: GEEZER
UPDATED: Wednesday, May 2, 2012 15:09
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Tuesday, April 10, 2012 2:15 AM

GEEZER

Keep the Shiny side up


Based on the couple of times I've been called, the best description of the Jury system I've seen.

http://thecriminallawyer.tumblr.com/post/16202923895/interlude-the-jur
y


The rest of "the Illustrated Guide to Criminal Law" is pretty cool too.

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Tuesday, April 10, 2012 2:39 AM

BLUEHANDEDMENACE


Thats pretty funny right there. The one part it misses is the inter-juror dynamic. It can get somewhat ugly when u have (or are) a holdout juror on a vote.

The one jury Ive been on was a DUI on New Yaear's Eve, where the guy killed someone.

Now, I lost a friend to a drunk driver years ago, well before this, so Im not sure how I ended up on this jury, bad job by the defense lawyer I suppose. In my mind, the guy shoulda fried, but somehow the other jurors came to the opinion that his urine sample could have been tampered with, and he should get off. I argued for about 4 hours, 11 on 1, and came very close to hanging the jury before I finally gave in and voted not gulty.

It hurt to do so, but more from my personal history and bias than the facts of the case, tho I did feel that the facts proved him guilty. In my opinion, juries can be far too easily swayed during deliberations by one or two persuasive jury members who feel strongly one way or the other. I do not consider it a very good system.

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Tuesday, April 10, 2012 7:59 AM

KWICKO

"We'll know our disinformation program is complete when everything the American public believes is false." -- William Casey, Reagan's presidential campaign manager & CIA Director (from first staff meeting in 1981)


Basically how it works is that as the accused, your fate is decided by twelve people who were too stupid to be able to get out of jury duty.

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Tuesday, April 10, 2012 8:27 AM

BIGDAMNNOBODY


Quote:

Originally posted by Kwicko:
Basically how it works is that as the accused, your fate is decided by twelve people who were too stupid to be able to get out of jury duty.


All too often, people enjoy the rights afforded them but mock the responsibilities that will keep it that way.

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Tuesday, April 10, 2012 9:56 AM

ANTHONYT

Freedom is Important because People are Important


Hello,

I suspect we all wish that our mechanisms of freedom were less prone to easy mockery.

--Anthony



_______________________________________________
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Reference thread: http://fireflyfans.net/mthread.asp?b=18&t=51196
Never forget what this man is. If you respond to this man again, you are being foolish.

“The stupid neither forgive nor forget; the naive forgive and forget; the wise forgive but do not forget.”
--Thomas S. Szasz

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Tuesday, April 10, 2012 12:30 PM

FREMDFIRMA



In response, and almost as amusing in a dark, demented sorta way, is this one.
http://uncyclopedia.wikia.com/wiki/Jury_System

Although being an Anarchist is apparently NOT sufficient to get you pitched off the Jury in 14B, nor is the firm belief that the States conduct of the trial constitutes a bias and therefore fails the requirements of the Sixth Amendment.
(in short this means the ONLY verdict I could possibly deliver is "Not Guilty", thus of itself in a twisted irony making me unsuitable for Jury Duty, not that 14B seems to understand this)
The Judge in question damn well knew it and didn't pitch me out on my ear, cause I think he was deliberately trying to tank a bullshit case he couldn't dismiss outright for whatever reason.
And then the goddamn Public Defender throws challenge and has me pitched off - mind you, the defense counsel is under no obligation to correct errors of the State, no matter how deliberately introduced, especially ones that benefit his client, and so he has the case right then and there, a guaranteed slamdunk...
And then chooses to challenge and boot off that person.

I did follow it up afterwords out of curiosity, this was basically someones designated driver making a misjudgement in traffic and causing an accident, and the cop trying to accuse the drunk guy in the back seat of being at the wheel at the time, despite every other witness placing him in the back seat, and airbag residue all over the designated driver - cause the cop wanted to bag a DUI conviction, but the case was obviously bunk.
And yet somehow the Public Defender lost it - I suspect on purpose, and frankly that's something even beyond ineffective assistance of counsel, the ones around here, and MIGHT have had something to do with WHY the Judge wanted to sink the case pre-emptively.

It's not a perfect system, and it does badly need some reforms - but in principle, in theory, it ain't all that bad.
Problem comes from both sides exploiting the hell out of known flaws and weaknesses of that system, and the State deliberately introducing them TO exploit, as well as the incestous relationships between Police-Prosecutor-Judge which contain massive conflicts of interest, and around here also tend to involve the Public Defender as well, and the best way to address that is to introduce a larger degree of seperation between the court and State government.

Otherwise, it winds up with the State selecting the venue, the charges, the witnesses, the evidence, how things will be conducted, what the rules are... and so on and so forth, and when one side sets ALL the rules there's a heavy temptation to rig the game, which is done more often than not via violation of the discovery process, suppression of exculpatory evidence, and handing a jury deliberately kept ignorant of their rights and function a cherry picked, distorted representation of evidence and events designed to lead them down the garden path to a rubber stamp verdict.

As to how to introduce that level of seperation, there's a couple notions, but I am open to ideas on that front.
I've also been kicking the local Bar Association in the shins over these dive taking Public Defenders, cause no one else seems willing to do so, I've been royally pissed about that ever since the Prosecutor chose to make a joke to me regarding privledged info she could have only gotten from either the PD himself or bugging his office, and I suspect the former, cause if the PDs around here are selling out their clients to the Prosecutor it makes the whole goddamn thing a farce, does it not ?

And the very worst of it is that there was NO NEED for her to have done that, them three jerks were caught red handed in the act with the stolen property in their physical possession, it was open and shut - which could only mean that such conduct is default and habitual, and that means 14B needs a serious housecleaning.

-Frem

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Tuesday, April 10, 2012 12:46 PM

KWICKO

"We'll know our disinformation program is complete when everything the American public believes is false." -- William Casey, Reagan's presidential campaign manager & CIA Director (from first staff meeting in 1981)


Quote:

Originally posted by BIGDAMNNOBODY:
Quote:

Originally posted by Kwicko:
Basically how it works is that as the accused, your fate is decided by twelve people who were too stupid to be able to get out of jury duty.


All too often, people enjoy the rights afforded them but mock the responsibilities that will keep it that way.




Our "justice system" *IS* a mockery. Stuffing a jury box full of workaday shlubs who are under pressure to reach a quick verdict or lose their jobs - all while being paid as much as $4 a day for their service - doesn't change the fact that moneyed interests can buy judges expensive gifts before putting a matter in their court, and the judges themselves can rule that there is no conflict of interest there at all.

And the incentives to send the accused to prison have become even greater with the right-wing's fantasy-come-true of a for-profit prison system.

But yeah, joking about jury duty is what's ruining the system.




"I have no real clue of what you're speaking." - AuRaptor.

"Yes. I was wrong. I am sorry." - AuRaptor.

Note to self: Mr. Raptor believes that women who want to control their reproductive processes are sluts.

Reference thread: http://beta.fireflyfans.net/mthread.aspx?bid=18&tid=51196

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Tuesday, April 10, 2012 3:20 PM

RIONAEIRE

Beir bua agus beannacht


They like to call me for jury duty a lot. The first few times I got out of it, then I said to myself, "Well as annoying as it is its your job to at least give it a go" so I did it and thankfully didn't get called. Now they can't call me for two years, but with my jury duty luck right after two years my name will come up. I don't think the selection is random either, because right after I went my mom and her husband's son had to go within days of each other, random huh?

I assume you're my pal until you let me know otherwise.

"A completely coherant River means writers don't deliver" KatTaya.

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Tuesday, April 10, 2012 5:48 PM

MAGONSDAUGHTER


Quote:

Originally posted by Kwicko:
Stuffing a jury box full of workaday shlubs who are under pressure to reach a quick verdict or lose their jobs - all while being paid as much as $4 a day for their service - doesn't change the fact that moneyed interests can buy judges expensive gifts before putting a matter in their court, and the judges themselves can rule that there is no conflict of interest there at all



Aren't all employers obliged to provide paid leave for jury service?

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Tuesday, April 10, 2012 10:13 PM

FREMDFIRMA



Riona, their supposedly "random" selection software just loves me...
Cracker hillbilly with family origin in west virgina, gun owner, poor, history of juvie and educational brawls, that's just picture perfect for software set up to ensure a hostile jury pool for some poor black dude who wound up on the wrong side of the law - which means I get a damn lot of those notices and local officials aren't above sending more as retaliation for me annoying them, cause it means hassle and a trip up there wasting my time, and it really irritates me, although not long ago they sent me a check in response to my bitching with "gas money" pencilled in the margin.

There's also the problem of Redford, Michigan, which is working on a class action suit cause the very few white people who live there get a notice an average of once a MONTH since the supposedly-random software seems to actually go for a hostile jury pool - this is SUPPOSED to have been under investigation but we haven't heard a damn thing about it from the feds for three years now, and with the police monitor being punted for sleeping with the chief of police, and andy the bullshitter being run out of town, it's not surprising that the folks supposed to be providing oversight are both compromised and even more corrupt than the bastards they're supposed to be watching...

And yes, employers are obligated to do it, but they WILL weasel out if they think they can do so, and/or retaliate against you as well, but try provin it - of course, the Realty company we're a subcorp of does pay for any court appearances I gotta make and they're happy to do it, given the nature of what we do for them.

Anyhows, much as I hate the USDOJ, historically when the FBI has failed to address or actively become involved in local corruption themselves, they've always been the ones to come put the boot down and get it sorted out, and I wish to hell they would considering that Detroit is all but buried in ignored consent degrees of misconduct on every level from the street cops up to appelate judges and as a result our justice system here is a goddamn laughingstock, an insult to the nature of the thing, even.
Not that 14B is much better, but at least here there's local leverage in both directions.

-Frem

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Wednesday, April 11, 2012 2:01 AM

KWICKO

"We'll know our disinformation program is complete when everything the American public believes is false." -- William Casey, Reagan's presidential campaign manager & CIA Director (from first staff meeting in 1981)


Quote:

Originally posted by Magonsdaughter:
Quote:

Originally posted by Kwicko:
Stuffing a jury box full of workaday shlubs who are under pressure to reach a quick verdict or lose their jobs - all while being paid as much as $4 a day for their service - doesn't change the fact that moneyed interests can buy judges expensive gifts before putting a matter in their court, and the judges themselves can rule that there is no conflict of interest there at all



Aren't all employers obliged to provide paid leave for jury service?




Nope. They aren't required to provide any pay at all for jury service. Which means, for someone living paycheck-to-paycheck (which is more and more Americans), doing jury duty is actually costing them money - hundreds, perhaps thousands of dollars.




"I have no real clue of what you're speaking." - AuRaptor.

"Yes. I was wrong. I am sorry." - AuRaptor.

Note to self: Mr. Raptor believes that women who want to control their reproductive processes are sluts.

Reference thread: http://beta.fireflyfans.net/mthread.aspx?bid=18&tid=51196

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Sunday, April 29, 2012 12:48 PM

PIRATENEWS

John Lee, conspiracy therapist at Hollywood award-winner History Channel-mocked SNL-spoofed PirateNew.org wooHOO!!!!!!


Quote:

Originally posted by FREMDFIRMA:

In response, and almost as amusing in a dark, demented sorta way, is this one.
http://uncyclopedia.wikia.com/wiki/Jury_System

Although being an Anarchist is apparently NOT sufficient to get you pitched off the Jury in 14B, nor is the firm belief that the States conduct of the trial constitutes a bias and therefore fails the requirements of the Sixth Amendment.
(in short this means the ONLY verdict I could possibly deliver is "Not Guilty", thus of itself in a twisted irony making me unsuitable for Jury Duty, not that 14B seems to understand this)
The Judge in question damn well knew it and didn't pitch me out on my ear, cause I think he was deliberately trying to tank a bullshit case he couldn't dismiss outright for whatever reason.
And then the goddamn Public Defender throws challenge and has me pitched off - mind you, the defense counsel is under no obligation to correct errors of the State, no matter how deliberately introduced, especially ones that benefit his client, and so he has the case right then and there, a guaranteed slamdunk...
And then chooses to challenge and boot off that person.

I did follow it up afterwords out of curiosity, this was basically someones designated driver making a misjudgement in traffic and causing an accident, and the cop trying to accuse the drunk guy in the back seat of being at the wheel at the time, despite every other witness placing him in the back seat, and airbag residue all over the designated driver - cause the cop wanted to bag a DUI conviction, but the case was obviously bunk.
And yet somehow the Public Defender lost it - I suspect on purpose, and frankly that's something even beyond ineffective assistance of counsel, the ones around here, and MIGHT have had something to do with WHY the Judge wanted to sink the case pre-emptively.

It's not a perfect system, and it does badly need some reforms - but in principle, in theory, it ain't all that bad.
Problem comes from both sides exploiting the hell out of known flaws and weaknesses of that system, and the State deliberately introducing them TO exploit, as well as the incestous relationships between Police-Prosecutor-Judge which contain massive conflicts of interest, and around here also tend to involve the Public Defender as well, and the best way to address that is to introduce a larger degree of seperation between the court and State government.

Otherwise, it winds up with the State selecting the venue, the charges, the witnesses, the evidence, how things will be conducted, what the rules are... and so on and so forth, and when one side sets ALL the rules there's a heavy temptation to rig the game, which is done more often than not via violation of the discovery process, suppression of exculpatory evidence, and handing a jury deliberately kept ignorant of their rights and function a cherry picked, distorted representation of evidence and events designed to lead them down the garden path to a rubber stamp verdict.

As to how to introduce that level of seperation, there's a couple notions, but I am open to ideas on that front.
I've also been kicking the local Bar Association in the shins over these dive taking Public Defenders, cause no one else seems willing to do so, I've been royally pissed about that ever since the Prosecutor chose to make a joke to me regarding privledged info she could have only gotten from either the PD himself or bugging his office, and I suspect the former, cause if the PDs around here are selling out their clients to the Prosecutor it makes the whole goddamn thing a farce, does it not ?

And the very worst of it is that there was NO NEED for her to have done that, them three jerks were caught red handed in the act with the stolen property in their physical possession, it was open and shut - which could only mean that such conduct is default and habitual, and that means 14B needs a serious housecleaning.

-Frem



Yes, PDs are only paid a paycheck from The Govt if they continue to lose on purpose.

My sister the "proud Marxist" was a PD in a big city, who only won 1 case after her "guilty" client "who knew the system told her what to do to win the case". Thus she lost 1,000s of cases, as required for her Govt paycheck. When I tried to give her law textbook on winning DUI cases, she refused it.

Quote:

"Strictly speaking, a driver can register a BAC of 0.00% and still be convicted of a DUI. The level of BAC does not clear a driver when it is below the 'presumed level of intoxication.'"
—Tennessee Driver Handbook and Driver License Study Guide
http://www.state.tn.us/safety/dlmain.htm
www.piratenews.org/theprohibitiontimes.html



The "legal limit" for blood alcohol in all states is 0.00%. A defendant is already under arrest for DUI before a breath test is given, thus there is no "passing score". Suckas!!!!

Quote:



"There's a report out tonight that 24-years ago I was apprehended in Kennebunkport, Maine, for a DUI. That's an accurate story. I'm not proud of that. I oftentimes said that years ago I made some mistakes. I occasionally drank too much and I did on that night. I was pulled over. I admitted to the policeman that I had been drinking. I paid a fine. And I regret that it happened. But it did. I've learned my lesson."
—President George W. Bush, CNN Larry King Live, November 2, 2000
http://www.thesmokinggun.com/archive/bushdui1.html

"Don't get a DUI. When a cop pulls you over..... shoot him!" (crowd cheered wildly)
-Christopher Scum, The Dirty Works, Rebel Scum movie premier, Knoxville Tennessee
http://www.myspace.com/rebelscumthemovie
youtube.com/watch?v=rlr9ZfAdMQg



"Shit's gettin way too complicated for me. There are white folks, and then there are ignorant mutherfuckers like you! You can put lipstick on a pig. Sorry ass mutherfucker's got nuttin on me. I inhaled frequently - that was the point. Pot helped, and booze. A little blow when you could afford it. Junkie, pothead. That's where I'd been headed. You ain't my bitch nigger, git your own damn fries!"
-Barack Hussein Obama Soetoro, Dreams From My Father, MP3:
http://www.archive.org/details/ObamaInauguralMashup/


Obama's in charge of growing Earth's opium supply, so he gets the best shit



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Wednesday, May 2, 2012 3:09 PM

RIONAEIRE

Beir bua agus beannacht


OT: PN sure is on a rampage lately, is posting like crazy. His titles are some real whoppers too, I laughed hard at the "German Nazi Queen of Babylon" one, I think he tries to be as rediculous as possible in his titles to see what people will do.

I assume you're my pal until you let me know otherwise.

"A completely coherant River means writers don't deliver" KatTaya.

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