Jury of your peers...
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Topic: Jury of your peers...
Posted By: BARREL BREAK
Subject: Jury of your peers...
Date Posted: 14 November 2007 at 3:11am
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What exactly does that mean?
Anybody with legal expertise want to chime in? Mainly came up while I was watching "Freedom Downtime," a movie about the mess that was the Kevin Mitnick trial. He was being tried and sentenced by people who had no clue what he had done, could do, or was even possible to do as a hacker. For crying out loud, he was put in solitary for 8 months because the judge was worried that he could launch Nukes by whistling into a payphone! How are those people qualified to participate in a computer crime trial? |
Replies:
Posted By: choopie911
Date Posted: 14 November 2007 at 5:10am
| Because the system is flawed? That's a shocker... |
Posted By: Snake6
Date Posted: 14 November 2007 at 6:23am
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launch nukes by whistling into a pay phone? This guy is my new role model.
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Posted By: carl_the_sniper
Date Posted: 14 November 2007 at 8:38am
------------- <just say no to unnecessarily sexualized sigs> |
Snake6 wrote:Posted By: tallen702
Date Posted: 14 November 2007 at 9:52am
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In the legal sense of a "jury of one's peers" it pertains to other legal residents of the locality in which you are being prosecuted. Ergo, if it's a city trial, they are legal citizens of the city, county = legal citizens of the county, etc. etc. It doesn't mean "Peer" in the sense of someone familiar with a particular field, or persons of the same race, or any of the other misconceptions about the terminology that abound.
Edit: It isn't the job of the juror to understand anything about the case prior to trial. Indeed, if you have inside knowledge of particular aspects of fields that pertain to the case it will often preclude you from jury duty. Impartial juries are juries that don't know a damned thing about what they are trying. It is up to the Prosecution and the Defense to "teach" the jury members as they argue the cases. I was precluded from serving on a jury in DC which was sitting in judgment of a civil case brought against a hospital because my brother in law is an emergency medicine practitioner and my sister is a civil defense attorney. That was considered enough prior-knowledge to keep me off the jury. ------------- <Removed overly wide sig. Tsk, you know better.> |
Posted By: tippmannfreak
Date Posted: 14 November 2007 at 10:35am
does canada have nukes? |
Posted By: BARREL BREAK
Date Posted: 14 November 2007 at 10:43am
| tallen- Something seems terribly wrong there... |
Posted By: Susan Storm
Date Posted: 14 November 2007 at 10:50am
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The system was designed back when cases were relatively simple - the jury's job was basically to decide who was telling the truth and who was lying. That system doesn't work so well with DNA evidence and computer crimes. This is why many/most complicated commercial lawsuits are handled in arbitration, where the arbitrators are selected from within the relevant industry. There are downsides to that system as well, but at least the deciders are familiar with the subject matter. ------------- "No society can surely be flourishing and happy, of which the far greater part of the members are poor and miserable." |
Posted By: tallen702
Date Posted: 14 November 2007 at 12:06pm
Not saying the system isn't damaged, just giving the insight on what the theory is. I doubt the forefathers ever even thought that anything like computers could ever exist. ------------- <Removed overly wide sig. Tsk, you know better.> |
Posted By: Man Bites Dog
Date Posted: 14 November 2007 at 12:31pm
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I'm not a lawyer, but I do read John Grisham books.
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Posted By: impulse!
Date Posted: 14 November 2007 at 12:35pm
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Anyone seen Lets Go to Prison ? Best qoute " The jury of your peers, is a bunch of people to stupid; to be able to get out of jury duty." ------------- 
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Posted By: Benjichang
Date Posted: 14 November 2007 at 12:36pm
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lol, John Grisham
-------------  irc.esper.net #paintball |
Posted By: Man Bites Dog
Date Posted: 14 November 2007 at 12:39pm
I am convinced that the main character in The Firm was modeled after Rambino. He knows this theory. -------------
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Posted By: BARREL BREAK
Date Posted: 14 November 2007 at 1:28pm
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Posted By: Rambino
Date Posted: 14 November 2007 at 2:18pm
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While Grisham can be annoying at times, he has the "big evil law firm" portrayal spot on. The Firm is, in many ways, an excellent portrayal of firm life (minus the dead bodies, generally speaking). In one of his books he had this gem, describing the attitude of associates at big firms: "They wore their lack of sleep like a badge of honor." ------------- [IMG]http://i38.tinypic.com/aag8s8.jpg"> |
Posted By: Linus
Date Posted: 14 November 2007 at 2:25pm
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It's simply "proof beyond a reasonable doubt"... what would the REASONABLE person believe, not what what the computer scientist believe. ------------- 
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Posted By: BARREL BREAK
Date Posted: 14 November 2007 at 2:57pm
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Posted By: Linus
Date Posted: 14 November 2007 at 9:35pm
OJ Simpson. But hey, it's that way for the greater good, just like innocent until proven guilty... even if we have video evidence, DNA, and witnesses... -------------
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Posted By: ANARCHY_SCOUT
Date Posted: 14 November 2007 at 11:48pm
------------- Gamertag: Kataklysm999 
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Posted By: Shub
Date Posted: 15 November 2007 at 1:01am
I know some computer geeks and code monkeys who subscribe to the same theory. |
Posted By: Brian Fellows
Date Posted: 15 November 2007 at 2:23am
They still have a few Genie rockets that they're (I believe) converting into fuel rods for nuclear reactors. |
Posted By: a5Tpp789
Date Posted: 15 November 2007 at 7:27am
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link? -------------  if you put 500 dollars into an A5 it is still an A5
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