[MD] Krimel's Manifesto - A first draft

Arlo Bensinger ajb102 at psu.edu
Tue Jan 8 05:50:53 PST 2008


[Craig]
The way I heard it was:  "Who wants to be tried by people too stupid 
to get out of jury duty?"
We already have alternatives to juries.  Small claims & appellate 
court cases are decided by judges.  Civil lawsuits can be settled by 
arbitrators.  The point of a jury of one's peers is to ensure that 
judge, prosecutor & jury are all not government.  I see no problem 
with a defendant waiving trial by jury & choosing another alternative.

[Arlo]
We are on the same page, and I would guess what Krimel was referring 
to was not too far from this. Like I said, if one's freedom or 
incarceration rested on a complex understanding of some particular 
"ology", you would think one would want a jury of "ology-experts", or 
at least "ology-knowledgeable", citizens. I would. I mean, you 
wouldn't want your freedom to hinge on MY understanding of, say, 
forensic pathology, would you? (I wouldn't!)

And yes, a jury should not consist of a group that would represent an 
outside interest over the interest of fairness to the defendant OR 
plaintiff. I am not saying that "informedness" should be the only 
criteria for jury selection, only one.




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