Evidence 101

EVIDENCE 101...Wherever you go, there you are...

Sunday, October 20, 2013

Turn Up The Stereo!

It is no secret that the justice system struggles to be just. It has flaws. Sometimes it is successful in a just result...whether that is innocence or guilt in a verdict. So let's talk about juries.

Juries are made up of people such as yourselves. Maybe you have served on a jury. What did you experience behind the scenes?

Here's where I'm going with this. Many people on here and in our society think a victim has to be a "perfect" or "good" person...whatever that means to them. If a victim has more flaws...maybe the criminal shouldn't be punished as great as let's say...a child killer...or someone who assassinates a national hero.

Do juries give more time to those accused of killing "good" people? Do the victims that are of "questionable" nature with character flaws or even criminals themselves lower the punishment of their convicted killers?

When victim rights advocates have tried so hard to even the playing field, calling a victim a victim and the punishment should fit the crime not the person...why are we still in a quandary over a person's character or life choices?

What do you think? Is there such a thing as a "victimless" crime? As cops, that term has come out of our mouths. Are we, too, biased about victims? Are you?



Momma Fargo said...

I'll go first. Those words have come out of my mouth in cases where a horrible criminal was a victim of a crime. I still investigated it thoroughly and put the "bias" or "humor aspect" away in my mind, while remembering what is important...and that is all victims are to be treated equal. If the result of the investigation is that the victim was an aggressor or was really a suspect, then the report was made to reflect the victimology, but the criminal charges may have still remained the same for the suspect(s). It is important not to sink ourselves into the abysss of bias. I think we all have it somewhere or about something even if it is big or little. Or maybe we all have some sort of "phobia". We are not perfect. After all, I have a HUGE phobia about boogers. What do you all think?

Well Seasoned Fool said...

One time. Six juror panel. DUI/DWI case. Man was asleep in the backseat. Vehicle in a parking lot. Because he had his keys in his pocket, in custody/possession/nada nada nada. Judge instructed us "directed guilty verdict". The law is blah, blah, blah. In the jury room, I refused to go along. Held out for not guilty. Got two others to agree. Ended up a hung jury. Judge, prosecutor, etc. pissed.

I abhor drunk drivers. A drunk sleeping it off instead of driving home? Cops/ADA got nothing better to do? B.S.

M.A.D.D. need to get a grip.

Momma Fargo said...

Well Seasoned Fool...Back seat with keys in pocket does fit the law, however, I agree...that is a little over the top. Maybe a hung jury will have law enforcement thinking harder about applying the laws fairly. Just like I used to get mad at cops that arrested a peaceful drunk walking home who chose not to drive. Although it is illegal to be drunk on a public street in my town...really? Come on.

Rawknrobyn.blogspot.com said...

Great questions, MF. Yes, I'm biased. As soon as I started playing that Rhianna video, it was very clear. She's a victim of abuse, but I don't have sympathy for her. She kept going back to the jerk. Even Oprah warned her not to. I think of her as a hot mess, not a victim. Then again, I'm also biased against the rich and famous. And lots of other groups. Yeah, I'd make a lousy juror. No wonder I was one of the first to get kicked-out of a juror box when jurors were being chosen.


Momma Fargo said...

Robyn, I think you and the entire nation probably feel that way about Rhianna. If you were a juror would you give the same verdict and punishment to the man (now dead) who kidnapped the the three from Ohio and held them captive for 10 years as you would to a man who kidnapped a woman and her two year old from a parking lot and raped the mother in front of her daughter and tortured her? Both are kidnapping charges.

Bob G. said...

Momma Fargo:
I think we are ALL biased in some manner to some degree...hey, it's what helps make us all different.

But when the bias runs (consumes) US, and turns into some sort of "ism"...that's when we need to back it up a notch (or two).

MY take on any form of pre-judgment is simple...a FIRST IMPRESSION speaks the loudest, and how you portray UOURSELF to others will dictate how you will be immiedately perceived.

In other words...look like a thug, expect to be treated AS a thug.
Ditto for drama-mamas, druggies, panhandlers, drunks...you name it

Solutions for such issues are simple, but many times people don't want to put out the effort to change or act in a civil manner (and the government hasn't created a handout for that stuff...yet).

Good post and comments.

Roll safe out there.

Momma Fargo said...

Bob G.

Good points! I wish everyone had a little of what you are throwing out there and that is self-respect and respect of other. Wasn't there a song about that? LOL. Class. We are missing class in our society. Not school, but as in quality, style.