Lord Chief Justice Indy..... hmmmmm, sounds kind of nice. I do have it on good authority, however, that those horse hair wigs would make me look ludicrous and far from auspicious. But it has a nice ring to it, I must say. One of my favorite BBC program series is the television adaptation of the Rumpole books.

I don't know that I would fit the mold of a plonk swigging Rumpole but I do love his characterization.

Today's instalment involved an armed robbery for which, again, I have been bounced from the jury panel. Funny thing, I was really worried that I was going to be selected on this case and it seemed likely that it would progress for a week and a half or so.

I was quite relieved to have been disqualified from sitting. I would not have minded yesterdays case as it was projected to last not more than two days.

@Arcon: Many in this country share your belief about the death penalty but from a legislative standpoint, there has not been enough political momentum to abolish the practice outright. The challenges always have been on grounds of constituional law and the US courts have said that there is no legal argument to prove that the constitution, as written, bans the death sentence as such. The successful challenges to it under the US Constitution always has been on whether the way in which death sentences are handed out were the result of fair and equal treatment.

Of course, the question morally and legally always has been whether the death penalty is cruel and unusual punishment. Amnesty International, among others, will tell you that it is cruel and unusual punishment.

Those who do not think it is cruel and unusual punishment include, here at least, extremely conservative religionists as well as old fashioned conservatives in general. So there alway has been a wellspring of moral support for the death sentence from the religious sector as well as against it from the same source.

It is very interesting, though, what one will consider when confronted in real life with notions of the presumption of innocence and belief in the facts as presented beyond a reasonable doubt. It is quite different from academic discussion.

Gun control..... well, that's probably pushing the envelope too far to discuss here.

Edited by - Indy11 on 3/2/2004 1:28:09 PM

Meh. Just take a good book Indy, and pretend that you're listening. That's the Australian way! Actually if you lose the book and add some beer, as well as frequent swearing at the defendant , you'll have the Australian legal system .

@Esqy

Well, I was tempted to take a beer into the courthouse but with all the security that is in place, it would have been confiscated at the front entrance.

I am reading a Walter Mosely novel called Gone Fishin'. It is a short work but just about the right pace as we are not allowed to read while in chambers. We are required to listen to the goins on. So far, I haven't sat in the main waiting area for longer than an hour before I get called to go to a courtroom for the voir dire.

@Taw, the test of inocencee was done in the US back in salem witch trials where the suspect was dunked in a body of water while tied to a chair. If the lived they were a witch and put to death. If the drown, they were inoccent. Not a very good part of history or of justice

The true test should be non lethal.....Tickling until they tell all, that would break anyone.

Finalday

Habaq Mot / Aspazomai Thanatos / Capere Obitus... /Keith Green\ (1953-1983)

Edited by - Finalday on 3/2/2004 8:26:30 PM

witch-ducking is wrong?

just how does one go about getting called to jury? do you have to be in law school or something? what's the criteria? i wann go up sometime.

Well,

The court system in your country has to be based upon a system where a jury sits to decide the truth of the facts being presented. I don't know for sure but, usually, this means that you have to be living in a country that has a court system modelled after the English one. If it is modelled after one of the continental european ones, there isn't a jury.

Anyway, assuming that your country has a jury system, then you usually qualify if you are of proper age, a citizen of that country and have no other disqualifying record. In NY, for example, if you have been convicted of a felony, you can't sit on jury.

that's me out then! my criminal records as long as my arm..

In Aus you have to be over 18, on an electoral role and have no convictions, then they pick people at random and send them letters. Actually they scared the crap outta me when they did it, cause I'd just filed my tax return with a whole heap of bogus claims. Then along comes this official looking envelope from the govt. and Im like "Oh ****, Im being audited.....No wait, Jury duty."

Edited by - Mustang on 3/3/2004 7:03:21 AM

thats something interesting you got there mustang..
so they just send letters out at random? absolutely no other qualifications? (other than a clean track record)

this seems all weird to me..

They also look for people with same general background as suspect, same age group (plus minus 10 years from suspect)
By general background I mean like if the suspect was a poor mofo, then they look for poor people for jury duty.

"Xenos, the breakfast of champions" -YowuLing

U.S. wise, if the trial involves insurance companys, and you have that same company for your insurance company, you are automaticly not used.

Finalday

Habaq Mot / Aspazomai Thanatos / Capere Obitus... /Keith Green\ (1953-1983)

@taw sorry to p*ss on your parade but I don't think that rules you out in england...my girlfriend's a lawyer, I'll check it out tonight...I'm sure I remember her saying something about that it doesn't matter if you have a record as long as there is no proved connection between the juror and the client. Its a legal responsibility if you're called as a juror to declare any previous relationship with the client, or you yourself can end up with 20 years in jail...even if they find out years later. Bizarrely, lying in court can get a longer sentence than manslaughter, GBH, rape, assault with a deadly weapon and sexual assault on a minor.....although with the latter I don't think your arse would hurt as much for the duration of the sentence

Even the Big stars get jury duty. Maria

Finalday

Habaq Mot / Aspazomai Thanatos / Capere Obitus... /Keith Green\ (1953-1983)