[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.
More information about the Moq_Discuss
mailing list