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


To: Dan B. who wrote (3004)6/13/1999 12:48:00 PM
From: JG  Read Replies (1) | Respond to of 13056
 
Dan B., your grandfather sounds like an interesting man. Yes, we expect juries to apply their common sense, but not to what the law is or should be. Juries should apply their common sense to determine what the facts are - not what the law is - the law is already in place whether individual jurors agree with it or not. Jury deliberation is not the forum to change laws or to cast a vote for his/her view against any particular law. To not follow judges instructions - to the letter of the law- will result in utter chaos.
No such thing as jury of our peers anymore. That may have been the case in colonial days when townships were small and most of the folks knew their neighbors - but - a jury of your peers in LA, NY, or Chicago - no way; just idealistic term that means nothing and is misleading at best.
Legislative intent for many legal issues is very difficult to determine even for well trained lawyers - no way juries - or judges for that matter - will be able to determine the intent of all laws they have to deal with.
JG