[net.aviation] Av. Justice ?????

ron@hpfcmt.UUCP (ron) (01/08/85)

Justice ?????????

I had the experience of sitting on a jury panel for potential jurors
in a damage suit involving a light aircraft and the local utility
company. I gathered from the attorneys' questions of the potential
jurors that this involved an encounter between a 4 place Cessna and
some utility lines 8 years ago resulting in brain damage to one of
the aircraft occupants.

What I wanted to post was not the facts of the case (which I don't know)
but the look at the "justice" process which I received as I was removed
from the list of potential jurors.

The first few questions included "Is there anyone on the prospective
juror panel who is a pilot ?"  Later, "Mr. Miller, it says here you are
an engineer.... what was your undergraduate degree in ?  (EE I said) Then
do you know about power transmission etc ?"
The impression I received was that anyone with knowledge of : piloting
an aircraft, aircraft maintenance, machinery maintenance, medical understanding
of the brain, knowledge of cross-country power transmission, and property
rental experience..... would be eliminated.

The end result being that the jury would have absolutely no experience or
knowledge relevant to the subject of the case outside what the lawyers
would present in court. The little old ladies who said they wouldn't ride
in a lightplane even if given the chance were left to decide the case.
I am really beginning to understand how easy it is to manipulate the system
to the point where each new aircraft carries almost $ 10 k in its price
for product liability. I am also concerned that the attorneys think they
can come up to speed on the subject areas so quickly as to be able to
train the jury sufficiently to make a reasonable decision. ( i.e. I wonder
if the NTSB report will come out in the above trial.......)

I don't know what the verdict will be but I suspect that the utility will
pay regardless of the circumstances of the accident.

"But your honor, I was just practicing my nap-of-the-earth technique in
my 172 when the wires reached up and grabbed me"

Ron Miller
Hewlett-Packard Co
Ft. Collins, Co.
(hplabs!hpfcla!ron-m)

dwl@hou4b.UUCP (D Levenson) (01/14/85)

From my experience as a juror and as a witness, the events described
in the original article are not uncommon.  The technique of
deliberately removing from the jury anyone with any special knowlege
of the facts of the case or of the general subject is common in
legal proceedings.  The intent is for the jury to decide upon the
guilt or innocence of the defendant based SOLELY on what is heard
and seen in the court.  Testimony from witnesses.  Testimony from
expert witnesses, if there are technicalities. But never the juror's
own background or experience, except in areas of ordinary day to day
life such as all humans may reasonably expect to have had.  In
short, jurors should be interchangeable without altering the
decision. The job of the lawyer, in a courtroom, is to convince a
jury of the peers of the defendant.  If a technical understanding of
power transmission or aerodynamics is germaine to the case, then an
expert witness is called, and all jurors learn together.

-Dave Levenson
AT&T, Holmdel

josh@topaz.ARPA (J Storrs Hall) (01/16/85)

> From my experience as a juror and as a witness, the events described
> in the original article are not uncommon. 
...
>  The job of the lawyer, in a courtroom, is to convince a
> jury of the peers of the defendant.  If a technical understanding of
> power transmission or aerodynamics is germaine to the case, then an
> expert witness is called, and all jurors learn together.
> 
> -Dave Levenson

Originally, the idea of a "jury of your peers" was that the jury should
be of the same class as, and thus as sympathetic as was reasonable to,
the defendant.  A proper modern analog would persons of the same profession
or whatever.   

Maybe we should move this to net.legal.

--JoSH