In a jury trial that would absolutely sway things
I don't live in the US, but being convicted by a "jury of your peers" is frankly, ridiculous. When has the average person been able to grasp complex matters relating to say, securities fraud? Most people aren't even able to stay out of debt.
A panel of judges with specialised experience often makes a lot more sense than a jury.
Edit: and for those voting me down, at least explain why you don't agree.
But how about hacking? Securities fraud? Money laundering? Tax fraud? These are all highly specialised issues that the average person knows nothing about. No average person, unless they have an interest in it, will be able to make a good call on such a case.
Where it goes to a jury is when there's a dispute of fact rather than law: the judge has determined that whether the defendant violated the law or not depends on a fact disputed between the prosecution and the defense (e.g. whether the defendant actually did or didn't do something, or what the defendant's intent was). The jury then decides whether the facts support conviction, although even then they're typically guided by very specific instructions from the judge about what they would have to find in order to convict.
One can expect any judge to be an individual with above average intellectual ability.
Also, none of these subjects are so difficult and complicated ordinary people cannot understand them. I've never heard of a trial requiring any real deep knowledge, like requiring jurors to have a serious understanding algebraic geometry or quantum mechanics or phenomenology. Hacking can be explained to ordinary people. People are not dumb. People do their own taxes and understand taxes. Trained professionals are not elite superheroes who are the only ones who can understand the world well enough to understand the difference between right and wrong. Untrained people can't do a professional's job, but they can definitely (with some help and background) tell when a professional has committed a crime. This case is easily understandable. I'm not a securities expert but I can make a fine assessment here just from reading an article, even without hours and hours of doing nothing but learning about the specific case and law (which is what jurors get); we all know what fraud is.
Plenty of things can be simplified for non professionals, but the nuance of certain topics is then often lost. A single word in a written law can matter a lot.
No disrespect to anyone, but can an average career teacher understand the nuances of securities law? Can (s)he understand the actual difference between tax avoidance and tax evasion? Some can, absolutely. Others definitely can't and are operating way out of their league.
Lawyers and prosecutors are great at creating stories, but isn't what matters or not whether the law has been broken?
As an example; I had a tax issue (different interpretation of a certain law) but retained an amazing tax lawyer. He was _great_. The way they juggle the story around without lying, yet drawing the line very close, is amazing. Based on personal experience, I just don't think it can work without subject experts.
Amazing charismatic lawyers (or prosecutors) will be able to bend an outcome, and that is just not right.
Yes they can, that's exactly the position I outlined. After a week of doing nothing but learning about securities law every teacher I've met is capable of this no problem. Teachers are perhaps a bad example here though, they are highly educated (many have masters' degrees, most have bachelors) and interested in learning. But to make your argument stronger, take a minimum wage fast food worker with a GED, yes I think they are capable as well.
>Lawyers and prosecutors are great at creating stories, but isn't what matters or not whether the law has been broken?
Kind of. In fact in the US legal system this is not all that matters, because the law is often vague and abstract and sometimes obviously morally wrong. The purpose of the jury is exactly this, it's a check on a cold soulless system destroying lives robotically; not only must a law be broken, but you also have to convince a group of fairly normal human beings that what you've done is horrible enough you deserve to be punished for it before you are punished.
>Amazing charismatic lawyers (or prosecutors) will be able to bend an outcome, and that is just not right.
I agree with you here, and this essentially means the rich get away with things the poor are punished for. This will always happen, will it not? People who are able to present a more convincing argument in their defense are less likely to be convicted in any legal system? I think things can be done to mitigate this, yes, and they start with a simpler criminal code (fewer crimes) and more equal access to legal talent, like better funded public defenders.
Clearly the US system is far from perfect but I don't think getting rid of juries would make it better.
Also, in practice, judges make rulings on things outside their expertise too.
Practically, united states of america have biggest incarceration rate in the world, one of the most expensive legal systems (if not most expensive) and quite long sentences compared to other western countries. Jury nullification is basically never used and majority of jury members don't know about it.
I am not saying that other countries have flawless awesome court system, definitely not. But I have yet to read something that would convince me that jury is better or at least worth additional expenses.
They don't do that, they prevent pretty much nothing.
Put simply, if you want to make claims about whether jury trials or bench trials put more people in jail wrongfully by citing US incarceration data you have to somehow contend with the fact that the vast majority of cases don't go to a trial of any kind. Or at least have an argument as to why switching to bench trials would change that circumstance.
Edit: Typo.
I personally agree with following:
* Defendant being dick or unpleasant should not affect guilty/not guilty verdict in fair justice system.
* Defendant being charismatic or seemingly intelligent should not affect guilty/not guilty verdict in fair justice system either.
* A panel of judges with specialised experience often makes a lot more sense than a jury.
He wasn't convicted because he was an asshole. He was convicted because he broke the law. I think the fact that he was acquitted on 2 of the 5 counts is evidence that the jury made a determination based on facts, rather than their feeling towards him.
That being said, in a trial in the US, the judge applies the law, and the jury determines the facts, especially as they pertain to the credibility of testimony. If the defendant is an outrageous asshole, it's possibly more likely that the jury would interpret inconclusive evidence less favorably. I don't think that's necessarily the worst thing in the world, and it's also not clear that a panel of judges wouldn't be subject to similar biases.
Well, yes and no. They only bothered looking for his other crimes and prosecuting his because he became unpopular. That's disturbing.
What if I'm the victim of financial crimes by someone who didn't piss of Congress and the public? Where's my justice?
Shkreli was first investigated by the SEC in 2003, and had two multimillion dollar judgements against his two bankrupt hedge funds for failing to cover puts and short sales.
So when he shows up running a new company, it's not unimaginable that he was on some people's radar.
One of my friends just served on the jury for a murder trial. He's got a Ph.D.. From my recollection, at least two of the other jurors also had postgraduate degrees.
Remember that the jury selection process is managed jointly -- which somewhat naturally leads to the clipping off of people at either end of the extremes that the defense and prosecution are concerned about.
This would make sense in a country where trust in authorities is high, and people generally believe that the judges and the justice system is impartial and fair, without too much personal and hidden agendas.
But in a country where the trust in the system is lower, a jury of peers provides a safety mechanism so that the justice system cannot diverge too far from the point of view of the "common man".
Why not? This is basically what the law does as well: codifies what society considers punishable assholery (e.g. murdering people or stealing or etc...).
So convicting him because he has been as asshole (even if it's in an unrelated case) is not that different to convicting him for being guilt on this or that legally defined behavior -- it's just not written down in a law book.
Secondly it is much easier to pay off a judge and keep it quiet than a bunch of random jurors.
Thirdly judges can become calloused by virtue of their continued sentencing people to prison. They won't have the empathy that the jury will feel for both the accuser and the accused.
Fourth, the jury can ignore an outrageous law. For example oftentimes they refused to convict escaped slaves in the north.
Putting your freedom in the hands of one person who may very well be corrupt is much more dangerous than puttIng it in the hands of regular people.
Additionally I can't remember where, but I heard that 10 people or so working together usually come up with as good a solution as an expert anyways.
Conversely, if what you've done is not justifiable to society, you should be punished for it even if it is not a crime. The easiest way to understand this is when first-mover advantages run amok. If you're the first person to think of some dastardly evil, you should not be permitted to do it just because nobody has yet written a law prohibiting it. Like, say, the Coca-Cola Corporation is not innocent for putting addictive substances in their drinks simply because it wasn't illegal at the time. And Shkreli's price gouging doesn't sit well with anybody either. A person's ignorance about some harm does not constitute permission to commit that harm against them.
>When has the average person been able to grasp complex matters relating to say, securities fraud?
The defendant has an attorney whose job it is to explain these matters to the jury.