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Politics : Libertarian Discussion Forum -- Ignore unavailable to you. Want to Upgrade?

To: JG who wrote (2992)	6/13/1999 12:19:00 AM
From: Dan B.	Read Replies (1) \| Respond to of 13056

I see no added complications stemming from the implementation of my notion. A judge instructs juries as it is so that's no big deal. Also, I think we already expect juries to apply common sense and I'm not sure much needs be said on that- it just needs to be emphasized above the letter of a law. Our system does rely, and should rely even more, on the common sense of juries of our peers. Yes emphatically yes, they should know the legislative intent of a law before applying it to the facts, hence helping common sense along wherever a law taken literally would too greatly harm an accused person who in fact did little or no harm. The jury quite justly would be well aware of its duty to apply common sense rather the letter of the law. This would be a very good thing for us all IMHO. My grandfather died when I was 30. He was 93, and in his retirement had long been dubbed a "Resident Philosopher" of an Ohio Bar Association. He turned down his yearly invitation to speak before the bar far more often than not, but on at least one of the few occasions he accepted, he gave a speech advocating the demise of the precedent system. While highly controversial, he convinced me, and truly, it certainly might simplify matters for juries, lawyers, and judges alike. He had no problem with drawing on the wisdom of precedent by the by...it just wouldn't be taken to carry the legal weight it does now. Dan B