[RobbyS]

Maybe a jury would have been more resistant, although I doubt it. As you know there has been a continuous professionalizing of the legal process, with juries first being denied their historical role as interpreters of law as well as fact, then the replacement of laymen by lawyers on the bench, and no the progressive elimination of juries as a factor in civil trials. Even where juries are allowed, the most competent persons are culled from the pool.

[ArmstedFragg]

the most competent persons are culled from the pool.

I've always seen that as a mixed bag. On the one hand, you get people who roll over for counsel who claim to be "channeling" the victim. On the other hand, common sense is often the province of the common folk.