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Posted by Paul Hyett on 11/06/06 08:35
In rec.video.dvd.tech on Sun, 5 Nov 2006, PTravel wrote :
>> A juror can vote however they want to and can't be coerced
>> into voting any specific way.
>
>Quite right. And a juror also takes an oath to follow the instructions of
>the judge when it comes to the law.
No they don't. The oath is for them to decide guilt or innocence on the
evidence presented, subject to their own judgement.
> When he violates that oath, he violates
>the law.
Rubbish!
>>
>> What are you basing your belief on this being illegal?
>
>On the legal requirement that jurors follow the judge's instructions as to
>the law, as well as 16 years experience as a trial lawyer.
>
The whole point of juries is that they are *not* legal experts, and
therefore not subject to potential political pressure to get the verdict
the state wants.
>>
>> Actually, the reason to have a jury is so that it is the person's
>> "peers" who are making the final judgement and not the
>> government.
>
>The peers make a factual judgment, only, i.e. did the accused engage in
>specific conduct or not. The peers do not make a legal, ethical or moral
>judgment as to whether a specific law should be enforced or not.
Yes they do - that's the whole point of having juries in the first
place!
If you were on a case where a homeowner was charged with murder for
killing a violent intruder in self-defence, whose side would you be on?
If I didn't know better, I could easily believe you have no legal
knowledge whatsoever, given your lack of understanding of the jury's
role.
--
Paul 'Charts Fan' Hyett
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