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To: Lonesome in Massachussets
No, it's getting harder for judges to insure that juries are not influenced by inadmissable evidence.

The idea that juries are supposed to judge based entirely on the evidence presented to them, without considering the entirety of their knowledge, is an ahistorical invention of law school professors. We have the right to be judged by a jury of our peers precisely because they are presumed to have a knowledge of the circumstances that a judge cannot.

25 posted on 01/17/2011 7:40:24 AM PST by jdege
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To: jdege

The right to trial by jury was meant to prevent the government from being able to railroad the innocent. All it takes is one hanging judge and one Mike Nifong. The jury is meant to be a check on their power. Think of the “show trials” in benighted People’s Republics all over the world every day.


32 posted on 01/17/2011 8:24:11 AM PST by Lonesome in Massachussets (Socialists are to economics what circle squarers are to math; undaunted by reason or derision.)
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