![]() Click to subscribe to holdem
|
Political rantCorrecting jury errorsThere appears to be a generally accepted idea that there’s lot’s of room to rectify any jury injustice through appeals court so sometimes convicting and innocent person, even sometimes sentencing an innocent person to death, isn't really a problem. Deep thinkers like Bush have gone so far as to claim that the fact that we sometimes find innocent persons on death row is simply proof that the system works.Not really. The role of a jury is that of a fact finder. The role of a judge is an arbitrator of law. The jury decides the facts, the judge applies the law. And appeals courts are primarily a reviewer of the judge. The check to make sure that the law has been correctly applied and that legal procedures have been followed. Except in extreme circumstances they don’t make rulings about the jury decision about guilt or innocence. Sometimes finding an innocent person on death row is a sign that the system is deeply flawed, not a sign that it works. Anybody who thinks otherwise simply doesn't understand what the system is and how it's supposed to work.
|