In Defence of Juries
Why juries? They appear to be a peculiar anglo-saxon institution, at least in terms of their origin. Every so often a talking-head stands up to suggest there has to be a "better way". The assessment of evidence and the determination of guilt would surely be better served by those trained to evaluate evidence and reason to a sound conclusion.
Juries necessarily reflect the general state of society at large. That is offered as one of the great benefits of juries: it is a trial of one's peers. That is one of their perceived benefits. Juries are not made up of elites who control just about everything else. But that also means that if education standards in society generally fall and folk are unable to reason clearly, let alone articulate, juries risk falling into a situation where they are little more than corporate expressions of brute prejudice, self-righteous sanctimony, and general ignorance. We have served on juries and have "insider" knowledge, so to speak.
Showing posts with label Jurisprudence. Show all posts
Showing posts with label Jurisprudence. Show all posts
Monday, 5 January 2015
Saturday, 12 July 2014
Liberty is a Fragile Treasure
The Politics of Guilt and Pity Trump Justice
People charged with a crime have to be proved guilty beyond reasonable doubt to be convicted. This is not a tangential, but a fundamental, component of our system of justice. The burden of proof is on the accuser, and his agents--the police and inquisitorial agencies of the State.
Judicature is structured this way--and has been for centuries--because the power, resources, and influence of the State are so much greater than a citizen's. There are other principles set in concrete to afford similar safeguards and protections. The accused cannot be compelled to testify against himself. Again the reason is the mismatch of power between the State and the accused. The State has the power to "lean" on an accused, with threats, intimidation, even torture. "Confessions" under even the hint of duress are thrown out immediately--which is why interviews are extensively videoed and audio-taped. They provide evidence of no duress by the State.
It is disconcerting, however, when the politics of guilt and pity intrude. These fundamental principles of justice set down to maintain the integrity of judicature can be tossed overboard in an emotive tsunami. The NZ Labour Party, polling in the twenties percent range, desperate to strike some resonance amongst the few identity-orientated groups which still maintain lingering vestiges of support, has come forth proposing to dismantle "proof beyond reasonable doubt". This from the NZ Herald:
People charged with a crime have to be proved guilty beyond reasonable doubt to be convicted. This is not a tangential, but a fundamental, component of our system of justice. The burden of proof is on the accuser, and his agents--the police and inquisitorial agencies of the State.
Judicature is structured this way--and has been for centuries--because the power, resources, and influence of the State are so much greater than a citizen's. There are other principles set in concrete to afford similar safeguards and protections. The accused cannot be compelled to testify against himself. Again the reason is the mismatch of power between the State and the accused. The State has the power to "lean" on an accused, with threats, intimidation, even torture. "Confessions" under even the hint of duress are thrown out immediately--which is why interviews are extensively videoed and audio-taped. They provide evidence of no duress by the State.
It is disconcerting, however, when the politics of guilt and pity intrude. These fundamental principles of justice set down to maintain the integrity of judicature can be tossed overboard in an emotive tsunami. The NZ Labour Party, polling in the twenties percent range, desperate to strike some resonance amongst the few identity-orientated groups which still maintain lingering vestiges of support, has come forth proposing to dismantle "proof beyond reasonable doubt". This from the NZ Herald:
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