SRS Judge vs Jury criminal trial...

Discussion in 'On Topic' started by CastorTroy, Jan 4, 2006.

  1. CastorTroy

    CastorTroy New Member

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    About a year ago a good friend of mine found herself in a bad legal situation, being accused of intentionally abusing her infant child. Everyone who knows her knows that she'd never intentionally hurt her child, and that what happened was purely an accident. What happened is the child was accidentally dropped and his arm got broken. The doctor in the ER told the cop that interviewed her that it had to be a "direct blow", and the cop was a real dick from what I understand. This is merely a background on the case, please no discussion on that part.

    Fast forward to today when I talked to her, her laywer recommended that she waive her right to a jury trial and solely rely on a judge to make a decision during her trial next week, because a judge would be better suited to make a decision without letting emotions get to him, whereas the prosecution would play the emotional heartstrings of a jury. It kinda makes sense to me, but most people I've known who have been in serious trouble pretty much say they'd rather be judged by 12 strangers than one judge who woke up on the wrong side of bed that morning.

    What I'm looking for is OT's feelings on this, especially people who have been to court for something serious. If you were in her shoes would you rather have a jury of emo's or dick judge decide your fate?
     
  2. Jay Pheezy

    Jay Pheezy New Member

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    Well I've never been to court but I'll weigh in. I always came from the school of winning the jury over. Meaning, just as the prosecution would try to win the jury over, the defendent should too. I mean, if she can be sincere about it that she would never do that, the jury would probably believe her.

    As for the judge, yeah it is dangerous the fact maybe he did wake up on the wrong side of the bed, or is just a dick in general. I'm not a math guy but if you looked at your chances based on probability's percentages I believe she'd be better off with a jury.
     
  3. Darketernal

    Darketernal Watch: Aria The Origination =)

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    Im going for the judge, especially if she says something like ' how many incidents have there been besides this?' it forces the judge to re-evalutate how many things have gone wrong, if its true what you said and it was only an incident' and never happend ever afterwards again ' then she can claim 'see, that's what i mean'. And if she still had custody after that , she can claim ' i have had my child for (x) amount of years under my care, and its never gone wrong besides that incident. If she tells the judge 'if a glass of beer or a pen can slip out your hand, then yes i do understand that it is far more serious but it can happen with a child too, it was an accident, i just became a mother and wasn't accustomed to holding it yet, it made a sudden move and fell. Or something like that.

    I would dread a jury, where behind closed doors they go something like ' omg ,what a terrible mother' But that judge has to face her face to face, look her in the eyes and tell her she dropped her child on purpose.
     
  4. trom

    trom New Member

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    In a jury trial, it would come down to which side could tell the more convincing, salient story. If her defense lawyer is good with words, it could be to her advantage.

    I would choose a judge, though. Judges are trained to think rationally and not let their emotions influence their judgments.

    Make sure her lawyer does everything in his/her power to get a reasonable judge for the trial.
     

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