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View Diary: Brooklyn Bridge Arrests: Lawyers, it's now on us (242 comments)

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  •  The mechanics of injustice - lesson I won't forget (9+ / 0-)

    Traffic court is a great place to learn the mechanics of injustice, how it's done efficiently.  My epiphany;

    Lesson 1:  Get rid of juries.

    From which the corollaries follow:

    A.  Where you have to have juries, redefine and dumb them down so they do not know that their constitutional function is to judge not just the facts of a case but the justice as well  -- they can nullify an unjust prosecution.

    US Supreme Court, 1794:

        It is presumed, that juries are the best judges of facts; it is, on the other hand, presumed that courts are the best judges of law. But still both objects are within your power of decision… you [juries] have a right to take it upon yourselves to judge both, and to determine the law as well as the fact in controversy.

        -- John Jay, first Chief Justice, Georgia vs. Brailsford

    Jurors were supposed to use their conscience...

    JOHN ADAMS (1771): It's not only ....(the juror's) right, but his duty, in that case, to find the verdict according to his own best understanding, judgement, and conscience, though in direct opposition to the direction of the court.

    ... but now they're told they can't:

    TIM DeCHRISTOPHER (2011): And, you know, even though there were a lot of things that most people view as injustices in this trial where the jury wasn’t allowed to hear much evidence and they were really specifically repeatedly told that they weren’t allowed to use their conscience in making their decision, that they weren’t there to judge whether it was right or wrong.  That’s really the status quo for our legal system at this point. And so it may or may not be a successful appeal process. Because that– that’s what our legal system has evolved into, where the jury is just there to really rubberstamp the decision that the government has already made.

    B.  Make the consequences of choosing a jury trial so dangerous that defendants plea bargain instead.  From the start, everyone is guilty.  Let no innocence be presumed, keep public review out.

    When Prosecution Becomes Persecution

    By Scott Horton
    September 27, 2011

    And that's how you do it.
    .

    "We the People ...jury... ...jury... ...jury..." -- oh now I get it

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