Posted on 05/24/2013 7:15:13 PM PDT by BenLurkin
I thought juries CAN interpret the law as they see fit.
Ref: the OJ jury.
They can be stupid if they so choose, but I still thought it was "legal".
BTW trials like this one should have only taken a week at the most. The legal profession needs to find some ethics again and clean up it’s own profession.
**********************************
Exactly! Waaaay too much BS, beyond protecting the defendant’s rights. “Showboating” prosecuters should be shut down by the Judges. Would save taxpayers big $$$.
octex ...Vet of CVA-42
...juries should only decide guilt or innocence, based on the facts of the case. Asking them to decide between life or death makes no sense, as it is a determination of law. This is why we have judges.
*********************************
The judge is just supposed to oversee the trial, to ensure everything is done according to the “laws”. Judges should NOT, IMO, be involved in determining guilt or sentences.
I’ve never understood why some States allow the judge to set the sentence, when it should be the jury’s decision.
What if isn’t a jury trial? Who metes out the sentence then, the bailiff?
‘I wonder what the result would have been if it had been a 27 year-old gangbanger that “capped” someone.’
Actually, Jodi almost De-Capped her victim.
“I’ve never understood why some States allow the judge to set the sentence, when it should be the jury’s decision.”
The trouble is that juries have no sense of what a sentence should be. They tend to be prejudicial enough as is, just finding guilt or innocence. “Pretty women do not commit crimes. Convict the ugly person.” Even their rules for finding guilt or innocence are cringe-worthy.
For example, referencing the Bible is forbidden, but coin flips for guilt or innocence are permitted.
One of the most horrific abuses was seen at the trial of a California child murderer. He was obviously guilty based on the evidence, and “flipped off” the jury as they went to deliberations.
After finding him guilty, a juror was quoted as saying, “I was willing to give him the benefit of the doubt, until he flipped us off. Then I knew he was guilty.”
It should have resulted in a mistrial, but didn’t, because that was acceptable for a juror to do.
However, sentencing is so complicated that even judges are not usually given full discretion. Instead, states and the federal government have elaborate “sentencing commissions” to set the parameters for what the judges decide.
This is usually to limit horrible disparity, which exists all over the judicial system, and often causes public outcries. That is one judge giving a child molester probation, and another 30 years to life.
Juries have the right of nullification if they think the law is unfair to a particular defendant. They also often can select among criminal charges as to the most appropriate. But asking them to do something that requires the guided experience of a judge is too much.
Yes, I suppose they do interpret the law, as they examine the evidence and decide whether it’s sufficient to apply the code or pass on it.
I think we have no argument.
Reading the article on Fox (prob the same words) the guy says Arias was normal till she met Travis. The woman is not normal. I watched her testify. There is something deeply wrong with her. It is obvious. She is not normal, and hasn’t been for a long while, long before she met her victim. What is it with these stupid people on high-profile juries?
I think this is not so. The jury was to decide between death or life in prison. The decision as to whether she would be eligible for parole is left to the judge.
This detail may have kept some on the jury from voting for life in prison because they realize that she will always be a danger to others.
Because of the many years of appeals that accompany any death sentence, a verdict of death is the same as life without parole for older convicts. The convict will die while still waiting on death row.
You have to have the video to get the full effect.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.