[net.legal] forced judges and juries

harry@ucbarpa (07/30/85)

From: harry@ucbarpa (Harry I. Rubin)

Subject: Re: Liability Lawsuits Getting Out of Hand
Newsgroups: net.legal,net.flame
In-Reply-To: <900@sphinx.UChicago.UUCP>
References: <211@pedsgd.UUCP>, <565@hou2g.UUCP>
Organization: U.C. Berkeley

In article <900@sphinx.UChicago.UUCP> Mitch Marks writes:
>	But do you
>think judges and juries are passive dupes?

Well, there are some jerks on the bench but I am willing to believe
that most judges are pretty smart.  Nevertheless, judges are often
required to act in a certain way, even when it is not reasonable or
not just, sometimes when it is painfully unreasonable or unjust.
The laws are written to cover all cases, and the judges have to follow them.
A sharp lawyer can twist the laws to force the judge to act like his puppet.

As for juries, they are manipulated by judge and lawyers:
they are only allowed to hear and see certain things, they are only
allowed to consider certain things in reaching their decision,
they are allowed to express their opinion on only certain particular
aspects of the case (Judge: "I remind the jury that you are not deciding
on the guilt or innocence of this man, you are deciding only whether
Mr. Myxkzptlz could reasonably have known that Mrs. Myxkzptlz was in the
driveway when he ran her over.")  A juror interviewed after the
Luis "Treefrog" Johnson case said he felt "used" by the justice system
since he wasn't allowed to say whether the boy could be considered guilty,
but only judge some narrow issues.  Sometimes I feel sorry for jurors.