As I continue to work though "The Excellence of the Common Law" by Brent Winters, I continually realize how the ideas of the common law holds all parties accountable. I just love the jury - man what a genius solution to power concentration.
What we need, I think, are super-juries. Nothing really new, just back to what they were supposed to be. Totally selected by lot from the local area. No voir dire crap! You get what get's picked unless a juror recuses himself.
The Jury judges the facts, the law, the defense, the prosecution AND the judge!
If a Jury finds a law or part of a law vague, inconsistent or unconstitutional it gets marked up and if, say 65% of juries that judge a law find problems with it - it gets automatically repealed/nullified!
And if a congressman is found to have voted for a nullified law there are CONSEQUENCES! Not sure what, but another jury could decide on that.
If a prosecutor brings a suit the jury considers frivolous or harassing, sentence the prosecution!
If the judge didn't behave fairly and demonstrated prejudice against either party or against the jury - lay it on him!
Since the jury is only limited to the case at hand, let them be GOD I say!
Of course we have one problem - the public school system and the media have so polluted the jury pool with nonsensical ideas, it makes it hard to correct things.
But I think the fix is to call juries for EVERYTHING! The average citizen having to do jury duty 2-3 times a year will quickly learn what rules of evidence and truth and mercy are and will quickly de-pollute themselves.
Anyway, that's my rant today and I'm sticking with it!
What we need, I think, are super-juries. Nothing really new, just back to what they were supposed to be. Totally selected by lot from the local area. No voir dire crap! You get what get's picked unless a juror recuses himself.
The Jury judges the facts, the law, the defense, the prosecution AND the judge!
If a Jury finds a law or part of a law vague, inconsistent or unconstitutional it gets marked up and if, say 65% of juries that judge a law find problems with it - it gets automatically repealed/nullified!
And if a congressman is found to have voted for a nullified law there are CONSEQUENCES! Not sure what, but another jury could decide on that.
If a prosecutor brings a suit the jury considers frivolous or harassing, sentence the prosecution!
If the judge didn't behave fairly and demonstrated prejudice against either party or against the jury - lay it on him!
Since the jury is only limited to the case at hand, let them be GOD I say!
Of course we have one problem - the public school system and the media have so polluted the jury pool with nonsensical ideas, it makes it hard to correct things.
But I think the fix is to call juries for EVERYTHING! The average citizen having to do jury duty 2-3 times a year will quickly learn what rules of evidence and truth and mercy are and will quickly de-pollute themselves.
Anyway, that's my rant today and I'm sticking with it!
