Message from @Neph (Nec) / Krystaps (War)

Discord ID: 784807624268840990


2020-12-05 15:40:08 UTC  

I think with the system as it is, the death penalty cannot work.

2020-12-05 15:40:17 UTC  

Too many innocent people go to prison.

2020-12-05 15:40:30 UTC  

right

2020-12-05 15:40:41 UTC  

even with the "Beyond a reasonable doubt" standard. I feel like juries are too manipulable

2020-12-05 15:40:45 UTC  

but that's the best system we've got

2020-12-05 15:40:48 UTC  

So I'm sort of glad it takes that long?

2020-12-05 15:40:50 UTC  

and, arguably, the best judicial system in the world

2020-12-05 15:40:50 UTC  

I guess?

2020-12-05 15:41:36 UTC  

That standard is the ideal.

2020-12-05 15:41:49 UTC  

But it isn't really the 'rule' in a sense.

2020-12-05 15:42:01 UTC  

As application of it depends on judges and juries.

2020-12-05 15:43:06 UTC  

it's difficult. laws are written by people who are subject to fault. a statute can be written in an awkward and clunky way, it can be too narrow or to broad; the interpretation of it can be too literal or too nebulous.

Juries may be instructed only to convict based upon the statute, but may chose to ignore it

2020-12-05 15:43:14 UTC  

just so many variables because..welll...humans are involved

2020-12-05 15:43:30 UTC  

Or you know, no one tells them what that standard is.

2020-12-05 15:43:49 UTC  

And that happens all too frequently.

2020-12-05 15:44:00 UTC  

It's why we need criminal defense lawyers.

2020-12-05 15:44:29 UTC  

right

2020-12-05 15:44:40 UTC  

then there's the whole jury selection process. talk about adversarial

2020-12-05 15:45:00 UTC  

Attempt to stack as much bias for your side, yes.

2020-12-05 15:45:05 UTC  

i remember when i was called for jury duty and was given a questionnaire to answer

2020-12-05 15:45:18 UTC  

some of the things seemed pretty irrelevant to my ability to be impartial, but i'm sure it's a tried and proven metric

2020-12-05 15:45:35 UTC  

like "What news sources do you read?" or something like that

2020-12-05 15:45:40 UTC  

seems pretty innocuous, but. . .

2020-12-05 15:45:44 UTC  

That is very relevant.

2020-12-05 15:45:53 UTC  

You don't want a jury that knows the case.

2020-12-05 15:46:33 UTC  

Imagine for a moment someone reads a WaPo article about Kyle.

2020-12-05 15:46:53 UTC  

Or forbid a Vox article.

2020-12-05 15:46:55 UTC  

with a high profile case like that, though - it's got to be pretty tough to find a jury pool that doesn't know the case

2020-12-05 15:47:00 UTC  

but i get your point

2020-12-05 15:47:06 UTC  

Yep, that's the hard part.

2020-12-05 15:47:38 UTC  

the case i was called for was one where two young african american men were accused of shooting at police officers in an armed stand-off

2020-12-05 15:48:00 UTC  

so i dont know. maybe my race, the fact that I read realclearpolitics, bloomberg news, etc may be a factor or not a factor

2020-12-05 15:48:01 UTC  

@Neph (Nec) / Krystaps (War), you just advanced to level 6!

2020-12-05 15:48:15 UTC  

but, i was dismissed

2020-12-05 15:48:27 UTC  

Race is unfortunately taken into account during these things.

2020-12-05 15:48:52 UTC  

It's one of the systemic influences of racial discrimination that still exist.

2020-12-05 15:48:53 UTC  

"Juror #8, how do you feel about banks?"
"I hate them. A bank killed my dad."

2020-12-05 15:48:58 UTC  

"Juror 8 dismissed"

2020-12-05 15:49:18 UTC  

hah

2020-12-05 15:49:33 UTC  

my father was called as a potential juror in a case involving a drunk driver killing someone

2020-12-05 15:49:40 UTC  

he got out of it by saying that his friend was killed by a drunk driver