The Archives
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Legal Theory
Elementally, Dear Watson
Upon reflecting on my essay on the latest developments in the Lori Drew trial, I fear I have made JNOVs sound terrifying. Dear Reader, I assure you that the judicial system is not inherently broken because judges have an apparently final say in any trial. Of course, there is always the appeals process, which is but a small consolation (there seem to be many in the judicial system) for someone who “wins” a trial only to have a judge decide the opposite way. But the important thing to understand about JNOVs concerns the difference between issues of fact and issues of law.
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The News
Cell Phone Mistrials
The trial process is fairly straightforward in America; we have an adversarial trial system which is founded on the presumption that the ultimate truth is reached through a vigorous debate. The thinking goes that instead of entrusting the finding of facts to a single neutral investigator, we can just embrace the human tendency to make snap judgments or bring biases with them into their courtroom. It’s easier to trust someone to be biased than neutral, I suppose.
So we set up two parties on opposing sides, to seek the truth through competition. Like most competitions in our society, however, we don’t allow the competitors to employ every vicious trick they can think of. Partly because there are some really effective tricks that lawyers can think of.
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A Day in the Life
Jury Duty: APIOA, Part Three
When we last left off (because I was tired and I’m on vacation), I had finished an orientation video which began by observing, essentially, that “no one likes jury duty, but it’s better than trial by boiling oil.” I found that kind of logic unassailable, if cold comfort. Although it’s worth noting that the jury in Ye Olde Boiling Oil Trials didn’t actually have to dip their hands in boiling oil, and probably didn’t even have to pay attention. From their perspective, jury duty might seem positively onerous.
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A Day in the Life
Jury Duty: APiOA, Part Two
08.11.08 | Permalink | 2 CommentsI found myself in a jury waiting room last week. It’s a good thing, too. A jury duty summons is not something you want to ignore. I mean, it’s been a while since I read up on what the penalty is for contempt of court, but I’m pretty sure you’re sentenced to be the judge’s butler or something. With this in mind, I went to court.
Almost Legally
The fairest of uses
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Just got my first email addressing me as Professor Mauro. Oh, I don't think I'll be correcting this person just yet.
