Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Sola Veritas

has anyone ever been in this judge’s courtroom and observed his demenor?

some judges punt everything over to the jury so they don’t have to make hard choices.


127 posted on 04/23/2012 8:32:05 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
[ Post Reply | Private Reply | To 32 | View Replies ]


To: longtermmemmory
some judges punt everything over to the jury so they don’t have to make hard choices.

If it's a matter of law, the judge is going to rule and can't punt. If it's a matter of fact, the judge should be 'punting' to the jury except for situations where, as a legal certainty, it's appropriate to rule. If there's a question of fact that must be determined to reach a decision and that fact isn't known to a legal certainty, then the jury of the defendant's peers should be determining the fact.

I'm frequently not happy with 'facts' as determining by a jury but I'd be less happy with a system where a judge (a federal judge with tenure for life, or a judge elected based on how the public perceives he or she rules) decides the facts based on his or her prejudices. And a large percentage of judges do have prejudices. That's how judges develop reputations after time on the bench. Pro-corporation. Anti-drug company. Don't believe the testimony of law enforcement officers/do believe the testimony of law enforcement officers. Harder on rapists; treat rapists the same as other defendants; believe women of flexible character had it coming, etc.

We have juries for a reason - and there are times when a defendant waives his or her right to a jury for a reason. I've served on two juries and been the chairman both times - both rape of a minor by a family member. I was stunned at how serious the jurors took it once the door to the jury room closed. People who had been kids and prima donnas in the jury box and during the trial poured over facts and testimony, and conflicting evidence. They were willing to deliberate more than a day and not rush things so everyone could talk and a new opinion could filter through the group. Almost swore I heard the Battle Hymn of the Republic playing in the background.

129 posted on 04/23/2012 8:54:32 AM PDT by Scoutmaster (You knew the job was dangerous when you took it)
[ Post Reply | Private Reply | To 127 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson