Our roundup link to a discussion of the classic jury-deliberation movie stirred up a considerable discussion among David Bernstein, Ilya Somin, Orin Kerr and commenters at the Volokh Conspiracy.
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Despite the IQ’s of 300 of each of those commenters, none will say it. None even thinks about it. None ever, ever, ever questions it.
Physiologically based lie detectors are forbidden at trial. Yet, the lawyers all believe twelve people off the street can use gut feelings to detect the truth. They have zero tolerance for any who questions.
In 1250 AD, the jury had walked the edges of the disputed property line, ten years before. The jury knew the criminal since childhood. They had knowledge. The validated wisdom of the crowd was discovered at that time, and served justice.
Today, any knowledge gets the juror excluded. No one is allowed to interfere with the competition of lawyer fairy tales that makes a trial today.
“Today, any knowledge gets the juror excluded. No one is allowed to interfere with the competition of lawyer fairy tales that makes a trial today.”
QFT – heaven forbid the peasants get the idea that the lawyers aren’t their omnipotent rulers.
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