Posted on 05/31/2024 11:34:33 AM PDT by sopo
It is better five guilty persons should escape unpunished than one innocent Person should die,” Adams began, quoting Hale’s Pleas of the Crown. He next explained the law as it bore on mob actions, and he reminded the jury of Blackstone’s view of self-defense: it is the “primary Canon of the Law of Nature.” He then moved on to the evidence, masterfully picking apart the weaknesses and inconsistencies in the crown’s case and passing quickly over the damning portions. Instead of challenging the truthfulness of the prosecution’s witnesses, he noted the fallibility of human perception. Honest men could disagree about passion-stirring events. He was embarking on an exegesis of Preston’s side of the case when Thomas Hutchinson appeared in the courtroom. Adams’s nemesis was, technically, chief justice of the court, as well as lieutenant governor. Today, however, he appeared before the proceedings as a witness for the defense. (For this reason he was not on the bench.) “Had I wanted an Officer to guard against a precipitate action,” said the man Adams loathed, in vouching for the character of Adams’s client, “I should have pitched upon him as soon as any in the Regiment.”
(Excerpt) Read more at thehistoryreader.com ...
There is no thing as “justice” in BananAmerica in 2024.
Although there are problems with bias in our current Artificial Intelligence, I think that the justice system ought to move towards using AI more and humans less. As far as I can tell human judges and human juries are not up to the job.
How about just updating what a “jury of peers” should be about? In a case where hthe motivation was supposedly purely political, how can a fair trial be held in a jurisdiction where the “peers” are unabashedly political opponents of the defendant? It’s the Democrats favorite trick, and the elephant in the room when republicans try to bring a Democrat to trial, ie having to try D case in D.C.
Heck, I’d like to randomize the whole thing. Imagine this trial taking place in — let’s spin the wheel — Oh, I guess this trial will take place in Kansas. And the 12 people from Kansas who are chosen for the jury will never see or know the name of the defendant. That shouldn’t matter, right? So the trial comes down to some guy from somewhere who paid his lawyer and claims this as a “legal expense”. So those 12 people from Kansas have to decide is this is a felony and if 120 years in jail is a reasonable penalty to put on this guy, whoever he is.
I bet they’d acquit.
I’m thinking the Supreme Court could be the arbiter, lots of details would need to be worked out, but the Supreme Court is at least a jury of 9 peers to decide jurisdiction to be tried in.
Wan’t it “John” Adams?
“…updating what a ‘jury of peers’” is exactly what needs to be done.
So Sorry, I wonder if that can be corrected
Thank you to the moderator
Thanks sopo.
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