[comp.virus] Internet worm writer stands trial

trebor@uunet.uu.net (Robert J Woodhead) (01/17/90)

damon@umbc2.umbc.edu (Damon Kelley; (RJE)) writes:

>	When I read the article that I got the above information from,
>I was a bit shocked that the jurors were deliberately picked by the
>U.S. Justice Department lawyers because didn't know *anything* about
>computers.  Would the jurors understand enough of the computer talk
>thrown between defense and prosecutor to reach a truly informed
>verdict?

I'm not surprised that the jurors are technically incompetant; people
who have any competence in the field at issue are regularily excluded
from juries, usually by the defense though.  In drug trials, the defense
as a matter of course tries to go for as stupid a jury as possible as
they 1) are less likely to understand why the defendant is guilty and
2) are less likely to acquit.

Look at it this way; if you or I or any of the readers of this newsgroup
were on the jury, our technical knowledge would give us an "advantage"
over the other jurors which we could use to sway them to support our
position.

Juries are not totally to blame for insane verdicts and awards; part of
the blame must be put on the system that tends to impanel incompetant
juries.  In my circle of admittedly bright and educated friends, not
a single one has, to my knowledge, ever been accepted for jury duty.

- --
Robert J Woodhead, Biar Games, Inc.   !uunet!biar!trebor | trebor@biar.UUCP
Announcing TEMPORAL EXPRESS.  For only $999,999.95 (per page), your message
will be carefully stored, then sent back in time as soon as technologically
possible.  TEMEX - when it absolutely, postively has to be there yesterday!

peggy%pyr@gatech.edu (Cris Simpson) (01/18/90)

damon@umbc2.umbc.edu (Damon Kelley; (RJE)) writes:
>  [...]
>	When I read the article that I got the above information from,
>I was a bit shocked that the jurors were deliberately picked by the
>U.S. Justice Department lawyers because didn't know *anything* about
>computers.  Would the jurors understand enough of the computer talk
>thrown between defense and prosecutor to reach a truly informed
>verdict?
>
>	My mother and I discussed the issue.  I said that the trial
>would be unbalanced and handled badly because every little techie term
>would have to be explained over and over again to the jury, slowing
>down the trial process.  Isn't a "jury of his peers" called for here?
>  [...]
>Source: _The_Baltimore_Evening_Sun_, January 15, 1990. Section D, top
>of page 2: "'Illiterates' Judging Computer Genius."   [..]

	One of the most frightening experiences of my life was being
called to jury duty.  I got to see what a 'jury of my peers' would
consist of.  It gives one a lot of incentive not to get caught. (:-)

IANAL, but I see a problem in the future with technology-related
litigation.  What good is the right to have your case tried before
a jury of idiots?  For example, consider Intel v. NEC or Apple v.
MS & HP.  It's hard enough explaining the concepts involved to a
reasonably intelligent judge, but a jury picked because they didn't
know anything?

I suppose that if a jury of people from Washington, DC can be found
who never heard of Ollie North, I suppose there's a jury for all of
us...  (:-)

cris

*IANAL: I Am Not A Lawyer.  (But my wife is.)