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To: Publius Valerius

>>There was a case some time ago where the jury convicted based on a coin flip.<<

Here is the difference, and I see it as “black and white”: When an individual juror votes, his vote is not scrutinized, other than to ask him if it is his vote. The reasoning is INTERNAL and, therefore, secret. When an entire jury flips a coin, it is not individual, nor secret. It is an utterly completely different thing that only appears, on the surface, to be similar.


89 posted on 02/25/2011 12:50:57 PM PST by RobRoy (The US Today: Revelation 18:4)
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To: RobRoy

Also true. Except that when the coin flip of a whole jury becomes known it is public stink and a Judge must rule a mistrial or risk it becoming a bad habit of juries. It is irresponsible but not reviewable as not as it is not publicly known. It is also likely that among the 12 jurors one will out the bad actions, secrets will out.

But also consider the case of a single juror, in private, flipping a coin to decide. Is that just as irresponsible? No it is not. The juror is making a judgment — to accept the outcome once tossed. A juror might toss a coin, meaning to accept the result, but upon seeing the verdict of chance decide it is wrong. Thus to accept the coin toss judgment is to really gave decided that way. The coin was a tool for the juror to see his or her own mind.

That logic doesn’t apply as well to a whole jury, where the coin toss is way to intimidate the weak.


93 posted on 02/25/2011 1:04:32 PM PST by bvw
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