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Re: Jury (was Re: Two GR concepts for dicussion)

On Fri, Jun 01, 2007 at 05:12:57PM +1000, Anthony Towns wrote:
> Randomly selected juries avoid the "cabal" problem -- it's transparent
> who gets involved, it's not limited to some people, it's not
> the same people all the time, and it's a bit easier to deal with
> (perceived/claimed/whatever) conflicts of interest.

The big problem with juries is that the jurors are *always* newbies to judging.
In real life, I was clueless about the first dozen times I sat as a lay
judge in the district court.  Without having the opportunity to do it again and
again and again, nobody can learn to do the thing properly.

Of course, we hope that this sort of dispute resolution is needed so rarely
that anybody, even if appointed as a regular judge, would have a hard time
learning the job :)

(As an aside, the other thing I find really abhorrent about the US-style juries
is that they are not allowed (nor required) to write up a reasoning.  If I have
understood it correctly, there is a legal doctrine in the US that entitles the
jury to rule contrary to law.  This is ... bizarre, but also not relevant to
Debian.  Sorry about the rant:)

Antti-Juhani Kaijanaho, Jyväskylä

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