On Sep 30, 12:05 am, Snidely <***@gmail.com> wrote:
> Peter Brooks <***@gmail.com> scribbled something like ...
>
> > On Sep 30, 5:35 am, ***@panix.com (Seth) wrote:
> >> In article <***@gmail.com>,
> >> Evan Kirshenbaum <***@gmail.com> wrote:
>
> >> >Peter Brooks <***@gmail.com> writes:
> >> >> So they can also ask during the trial, if they wish, any question
> >> >> of a witness - they, as protocol, have to, like anybody else, go
> >> >> through the judge, but they can do it.
>
> >> >If the judge says they can. I suspect that they typically have as
> >> >much right to ask questions of a witness as the baliff, court
> >> >reporter, spectators, or newspaper reporters do. In the US, at
> >> >least.
>
> >> Your suspicion is incorrect. The jurors (during the trial) have less
> >> right than the public at large to do such things.
>
> >> In one case I was on the jury panel (not the trial jury) for, we were
> >> told that we were not to visit a particular building (which featured
> >> in the case); anything we should know about it (e.g. the layout of
> >> stores within it) would be provided by evidence at the trial. The
> >> general public could visit that building whenever it wished.
>
> > It is because of that ( and, or course, because it is the jury who
> > have the duty to decide, not the judge ) that questions to witnesses
> > are allowed. The court likes to think that they make the decisions,
> > they test the evidence and they understand it all, with the jury
> > simply an annoying and slightly unpredictable necessary evil. In fact
> > it's the jury that should be insisting on better evidence testing
> > because it is only what they see and hear in court that they can
> > properly use to make a decision - so, if, for example, an examining
> > lawyer cuts off a witness before the testimony is complete and the
> > judge doesn't intervene to get the full story, it's the jury that
> > should insist on hearing what the examining lawyer wanted to keep from
> > them.
>
> A correspondent in another group, writing from the perspective of one of
> the states of the Eastern US, provides this explanation of why your
> description doesn't fit my (or his) experience:
>
> ] Mandatory disclaimer: I am not a lawyer. I am a paralegal. But I
> ] have been in a courtroom a few times...
> ]
> ] My understanding is that what you describe is pretty widespread. The
> ] idea is that the jurors are blank slates, evaluating the evidence
> ] presented to them by the lawyers according the law as explained to
> ] them by the judge. So they can ask to review the evidence or for
> ] clarification of the law, but they can't go on their own
> ] investigations.
> ]
> ] The blank slate notion is pretty ridiculous, but the not questioning
> ] the witnesses actually has some rational basis. There may be
> ] information which is true, but which is not admissible.
And sometimes common sense is inadmissible.
A woman getting rage and anger counseling
on a weekly basis attacked ME but it went
down that I was the perpetrator and her
rage and anger counseling was inadmissible.
A convicted and ACTIVE street whore can
accuse the Duke Lacrosse team of rape
but her status as a prostitute is not
allowed because of rape shield laws??
Prosecutor Mike Nifong deserves mention here.
> A common
> ] example in civil trial is the presence or absence of insurance. A
> ] jury may be concerned that they don't want that nice lady to lose her
> ] house just because she caused an accident, but they are more than
> ] happy to stick it to her insurance company. As a legal matter the
> ] presence or absence of insurance is irrelevant to the question before
> ] the jury. Plaintiffs' lawyers would love it if they could make it
> ] clear that the defendant has insurance, but the topic is off limits.
> ] Raising it would be cause for a mistrial.
> ]
> ] (Taking this a step further, I have seen the claim that the words
> ] "jury nullification" coming out of an attorney's mouth in the hearing
> ] of jurors would result in instant contempt of court proceedings. I
> ] can neither confirm nor deny this.)
LOL!
Jury Nullification reveals the dark underbelly of
our court system, some of the more garbage aspects
of how our court system works, so of course
most members of the "brotherhood of the bar"
including JUDGES get hysterical if you mention it!
They DO NOT want a jury to nullify any bad law!
The "blank slate" concept you mention is
more truly presented as they want jurors
who are such imbeciles they are AWED
by the system and function as complete
stooges for the circus act it has become.
Anybody who says they know anything
about dirty cops will be dismissed from
jury duty.
Anybody who was ever falsely accused
and was exhonerated (found innocent)
will automatically be dismissed from
jury duty.
Basically they want the DUMBEST TV WATCHERS
for jury duty, not anybody who ever saw where
the local cops go to pee in the bushes at 3AM.
Mention Robert Mullally in Los Angeles
or Abner Louisma in New York and you
will be dismissed from jury duty.
Mention the YouTube video of the cops
strip searching a woman assault victim they
arrested by mistake or the additional
footage from a handheld camera visible
in the shots from the wall mount cameras
and they will dismiss you from jury duty.
You could also try mentioning the REAL
reason that lots of towns have removed
perfectly good working cameras from
squad cars! ( Instead of reducing the
city payout, cameras began to catch
cops doing illegal or dishonest things. )
That would get you dismissed from
jury duty.
They want only the most naive' of idiots who
will assume that the cops only arrest guilty people
and assume that anybody accused is guilty.
That's WHY the Fully Informed Jury Association
is such a threat to attorneys and Judges.
> ] But back to the insurance example, if you were to allow the jury to
> ] ask the witness questions you would have to vet the questions first,
> ] and which questions were and were not let through would itself have an
> ] influence. It would also give the lawyers even more to argue about,
> ] and who wants that?
What?
Defenders actually affording their client
VIGOROUS REPRESENTATION?
Where IS that budget for expert testimony
in public defender cases anyway?
> There is a lot to criticize about the system, but
> ] I don't think this is one of them.
Fully Informed Jury Association