Both parties' objectives in the US seem to be met by there being a representative Jury.thirdcrank wrote: ↑6 Jul 2021, 3:48pm AIUI, they have jury selection in the US and from where I'm sitting it doesn't seem to achieve much.
Cyclist killed at Carlisle - hit by lorry
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Re: Cyclist killed at Carlisle - hit by lorry
Re: Cyclist killed at Carlisle - hit by lorry
Tiggertoo wrote: ↑6 Jul 2021, 3:11pmBut they should have been! The prospective panel of jurors should have been asked questions such as : Do you ride a bike, if not, what is your attitude towards cyclists on the road? It is right that biases should be explored otherwise it cannot be a fair examination of the charges and the prospective preconception of the result.And it would not be justice if a jury was preselected on the basis of their hobbies, interests or political or environmental beliefs.
There are people who think that automatically cyclists are saints and motorists are murderers.
John
Re: Cyclist killed at Carlisle - hit by lorry
Therefore, one needs to ask the question of a prospective jurors, which are you?There are people who think that automatically cyclists are saints and motorists are murderers.
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Re: Cyclist killed at Carlisle - hit by lorry
By asking them, of course.How?
Re: Cyclist killed at Carlisle - hit by lorry
Jury are randomly selected, not narrowed down to suit a particular constituency. We don’t select people who might be more or less favourably disposed to or antagonistic towards either victim or defendant.
On the basis suggested by some we should have all women juries for women or black people for black people or white collar workers or architects or members of the medical profession as the case may be.
On the basis suggested by some we should have all women juries for women or black people for black people or white collar workers or architects or members of the medical profession as the case may be.
John
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Re: Cyclist killed at Carlisle - hit by lorry
The court process needs jurors to decide guilt by considering only the evidence they have heard in court, within the framework of the law as explained by the judge, but they can use their experience of life to do that. What constitutes dangerous driving has been decided by a top judge to be something that can be left to a jury and AIUI, that decision was what led to the revised definition of the offence in the RTA 1988.
Re: Cyclist killed at Carlisle - hit by lorry
Here in Canada the law was recently changed to eliminate peremptory challenges (prospective jurors rejected by defence or prosecution without giving a reason) after a white man was found not guilty of murdering an Indigenous man in a jury verdict which many —including me— found inexplicable. The defence had challenged all of the five jury candidates who appeared to be Indigenous.thirdcrank wrote: ↑6 Jul 2021, 3:48pm AIUI, they have jury selection in the US and from where I'm sitting it doesn't seem to achieve much.
In that trial https://www.thecanadianencyclopedia.ca/ ... ushie-case the defence may have achieved a great deal through jury selection. (Hence an Act of Parliament to change the process.)
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Re: Cyclist killed at Carlisle - hit by lorry
The fairly recent reforms to jury membership in E+W had three main elements
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- Scrapping defence challenges
Making almost everybody liable and eligible for jury service
Scrapping most excusals, which were replaced with limited deferrals
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The advocates for jury trial traditionally take the line that one innocent defendant being convicted is worse than 50 (?) guilty going free. That may well have been so in the days of capital punishment, but in the modern era, it's not much of a recommendation for jury trialMistik-ka wrote: ↑6 Jul 2021, 5:16pmHere in Canada the law was recently changed to eliminate peremptory challenges (prospective jurors rejected by defence or prosecution without giving a reason) after a white man was found not guilty of murdering an Indigenous man in a jury verdict which many —including me— found inexplicable. The defence had challenged all of the five jury candidates who appeared to be Indigenous.thirdcrank wrote: ↑6 Jul 2021, 3:48pm AIUI, they have jury selection in the US and from where I'm sitting it doesn't seem to achieve much.
In that trial https://www.thecanadianencyclopedia.ca/ ... ushie-case the defence may have achieved a great deal through jury selection. (Hence an Act of Parliament to change the process.)