Skip to main content

View Diary: Tsarnaev Presumed Guilty: Government Leaks Ill-Gotten Incriminating Statements (180 comments)

Comment Preferences

  •  Well, that settles it then. You question my (1+ / 0-)
    Recommended by:
    jeff in nyc

    ability, therefore, it must be false.

    I guess we should just throw out the jury system, it doesn't work anyway, amirite?

    I'd like to start a new meme: "No means no" is a misnomer. It should be "Only 'Yes' means yes." Just because someone doesn't say "No" doesn't mean they've given consent. If she didn't say "Yes", there is no consent.

    by second gen on Fri May 03, 2013 at 10:22:10 AM PDT

    [ Parent ]

    •  I think the point is that it CAN work right and (1+ / 0-)
      Recommended by:
      gerrilea

      only if it is not tainted by opinions that were formed by information that has not been tested in court to establish its validity under the law.

      That's my meandering answer but a simple example is when news broadcasts, newspapers and radio programs have already pronounced guilt then finding unbiased jurors is almost impossible.
      That is also why some trials are moved to other jurisdictions because the defendant can't get a fair trail in a certain area due to things like media reports that have already convicted someone in the court of public opinion.

      The big problem here is that this stuff is being broadcast across every jurisdiction in the Country.

      without the ants the rainforest dies

      by aliasalias on Fri May 03, 2013 at 11:34:29 AM PDT

      [ Parent ]

      •  I sat on a jury once. It was a statutory rape (1+ / 0-)
        Recommended by:
        gerrilea

        case between a 35 year old man and a 15 year old girl. They were in a relationship, the parents found out, he was prosecuted. No one on the jury had ever heard of it. No one knew the parties.

        The guy ended up going free because there was a PHARMACIST on the jury who tried to swing his "medical credentials". The evidence was that an ER nurse that the parents took her to the night they caught them having sex examined her and stated that there was sexual contact. She testified that there were no bruises or other signs of force. All visuals were "within normal limits".

        The pharmacist refused to vote him guilty. We deliberated for hours, went to the judge twice to tell him it was a hung jury. He made us go back and deliberate longer. It took 2 days. It was essentially open and shut. The father saw them having sex. The girl admitted she had a relationship with him. The nurse testified that she had sex with him.

        But the pharmacist believed that because it wasn't forcible, he wasn't guilty. No matter how you try to explain to the guy the difference between forcible rape and statutory rape.

        So, juries can be stupid. No matter whether there is previous publicity or not. That's our jury system. It's a risk.

        I'd like to start a new meme: "No means no" is a misnomer. It should be "Only 'Yes' means yes." Just because someone doesn't say "No" doesn't mean they've given consent. If she didn't say "Yes", there is no consent.

        by second gen on Fri May 03, 2013 at 12:16:44 PM PDT

        [ Parent ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site