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To: laweeks

Germany has a judge and two professional lay jurors, and all three work together to reach a decision and sentence.

But here I’d just be happy with a complete overhaul of voir dire. We should have consistently intelligent jurors, not the dumbest common denominator that we often end up with. For example, I know a lot about copyright law, and that is exactly why I will never be allowed to serve on a jury on a copyright case.


25 posted on 07/12/2011 10:36:03 AM PDT by antiRepublicrat
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To: antiRepublicrat
The voir dire is the problem, as you correctly perceive. The selection should be far more random; among other things the defense and prosecution should be denied peremptory challenges. Allowing lawyers to build the kind of jury they want denies the right of the People and the defendant to a trial by actual peers, and in high profile cases denies the People and the defendant the right to a speedy trial.

Twelve random people might still have been as stupid on the facts and as clueless about the law as the Anthony Jury, but it is significantly less likely.

30 posted on 07/12/2011 11:38:18 AM PDT by FredZarguna (If you believe that only eyewitness to murder constitutes proof, you are being unreasonably stupid.)
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