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#11
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You have a point, TIm. But if I were on trial regarding my profession as a
drywaller or electrician, I would want someone knowledgable about my trade on the jury, not a bunch of 94 year-old ladies that got scammed by some roofer and were looking to get revenge (spin on Beanie Baby collector juror #4?). I'd offer that, when a profession is involved, as is the ACG case, that there be some representatives that can see through all the double-talk some so-called expert witnesses will probably provide. I can just see some witness explaining just how wonderful a colorized (or gold-plated) State Quarter set looks and how much it will increase in value, and all those old ladies thinking "wow, my grandson would love to have one of those." Granted this is a fun hobby and most of us get great enjoyment out of it, but there is also the potential for a lot of money to change hands on a single coin. This isn't something I would want left in the hands of the uninformed (hey, look at Congress... "that grand old benevolent national asylum for the helpless"). Jerry "Coin Saver" provides: From Jerry Dennis: Bob brings up an excellent point, and it ought to be considered by the defense team's attorneys. A jury is supposed to be made up of your PEERS. In this case, the entire jury (or at least a decent mix of it) should be collectors and dealers. This 'ploy' has been tried (no pun intended) quite a few times in the past, in courts (mainly by defendants who represent themselves), and failed. The judicial system has the duty to interpret the law and dispense justice. Of the several definitions of "peer", the courts use the one that says a peer is: "one belonging to the same societal group". Otherwise, our courts would be severely hampered by a senseless technicallity. For example: where would they have been able to find 12 "Charlie Mansons"? Scott Peterson is on trial in California on a charge of a double murder of his wife and her child. Should he be allowed, if found guilty, to have a mistrial, due the fact that the jury wasn't 12 people who were murderers (his proven 'peers'?). If you have a requirement of a 6-jury class-action lawsuit for 46 defendants, are we then required to have a jury of 276, six for each defendant? The legal system would come to a standstill if the judges allowed any / all varieties of individual comprehension of all the terms. |
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#12
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I disagree.
A jury of your peers does not mean a jury of friends or people who necessarily share the same ideas. People sometimes confuse the word "peer" with "friend". The two are not necessarily equivalent. A peer is someone who is of general equivalent stature to you, whether it be of age, intelligence, general (not specific) occupations, etc. For example, let's take a murder case in which the defendant is a known member of a violent gang. Is the defendant going to have a jury of gang members? Probably (and almost certainly) not. In fact, in most jury trials, the opposite is true. Those who have the most knowledge of the subject are excused from the jury because just that. In the usual court system, juries are not supposed to be knowledgable. Such knowledge is to be determined by (expert) witnesses. Therefore, I disagree with the statement below. -- Mike haw (Jerry Dennis) wrote in message ... Bob brings up an excellent point, and it ought to be considered by the defense team's attorneys. A jury is supposed to be made up of your PEERS. In this case, the entire jury (or at least a decent mix of it) should be collectors and dealers. Jerry |
#13
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Michael Ng wrote:
I disagree. A jury of your peers does not mean a jury of friends or people who necessarily share the same ideas. People sometimes confuse the word "peer" with "friend". The two are not necessarily equivalent. A peer is someone who is of general equivalent stature to you, whether it be of age, intelligence, general (not specific) occupations, etc. For example, let's take a murder case in which the defendant is a known member of a violent gang. Is the defendant going to have a jury of gang members? Probably (and almost certainly) not. In fact, in most jury trials, the opposite is true. Those who have the most knowledge of the subject are excused from the jury because just that. In the usual court system, juries are not supposed to be knowledgable. Such knowledge is to be determined by (expert) witnesses. Therefore, I disagree with the statement below. -- Mike The last time I was called for Jury Duty, it was Federal District Court. Some poor soul was alleging that his cancer was due to his government service. About 200 of us were herded in for jury selection. After the simple 'weeding questions', (have you ever worked for, do you now work for, are you related to, etc) they asked "Do you believe that radiation causes cancer?" I stood up. Me and two others. ;-/ Alan 'we were disqualified' haw (Jerry Dennis) wrote in message ... Bob brings up an excellent point, and it ought to be considered by the defense team's attorneys. A jury is supposed to be made up of your PEERS. In this case, the entire jury (or at least a decent mix of it) should be collectors and dealers. Jerry |
#14
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"Alan Williams" wrote:
After the simple 'weeding questions', (have you ever worked for, do you now work for, are you related to, etc) they asked "Do you believe that radiation causes cancer?" I stood up. Impartial? Of course I can be impartial. Bring the guilty @#$% in! --Chris |
#15
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There's no such thing as a jury of peers. When was the last medical
malpractice case where the jury was a group of physicians? On 12 Apr 2004 13:17:35 GMT, haw (Jerry Dennis) wrote: Bob brings up an excellent point, and it ought to be considered by the defense team's attorneys. A jury is supposed to be made up of your PEERS. In this case, the entire jury (or at least a decent mix of it) should be collectors and dealers. Jerry "Bob Peterson" writes, in part: Don't make the mistake of thinking the case is weak because you see it that way. Think of it from a jury's point of view that knows nothing about numismatics, cause its a cinch that no one that ever so much as bought a proof set will be on the jury. -- Note - Remove the X from my e-mail address for direct replies |
#16
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"Jerry Dennis" wrote in message ... You have a point, TIm. But if I were on trial regarding my profession as a drywaller or electrician, I would want someone knowledgable about my trade on the jury, not a bunch of 94 year-old ladies that got scammed by some roofer and were looking to get revenge (spin on Beanie Baby collector juror #4?). The fact is that the judicial system deliberatley screens out anyone that might have any personal knowledge or information relating to the case at hand, on the theory that they will be more likely to make a decision based on the evidence presented rather than on personal knowledge which is not evidence since it was not presented as such. I'd offer that, when a profession is involved, as is the ACG case, that there be some representatives that can see through all the double-talk some so-called expert witnesses will probably provide. I can just see some witness explaining just how wonderful a colorized (or gold-plated) State Quarter set looks and how much it will increase in value, and all those old ladies thinking "wow, my grandson would love to have one of those." Granted this is a fun hobby and most of us get great enjoyment out of it, but there is also the potential for a lot of money to change hands on a single coin. This isn't something I would want left in the hands of the uninformed (hey, look at Congress... "that grand old benevolent national asylum for the helpless"). Jerry "Coin Saver" provides: From Jerry Dennis: Bob brings up an excellent point, and it ought to be considered by the defense team's attorneys. A jury is supposed to be made up of your PEERS. In this case, the entire jury (or at least a decent mix of it) should be collectors and dealers. This 'ploy' has been tried (no pun intended) quite a few times in the past, in courts (mainly by defendants who represent themselves), and failed. The judicial system has the duty to interpret the law and dispense justice. Of the several definitions of "peer", the courts use the one that says a peer is: "one belonging to the same societal group". Otherwise, our courts would be severely hampered by a senseless technicallity. For example: where would they have been able to find 12 "Charlie Mansons"? Scott Peterson is on trial in California on a charge of a double murder of his wife and her child. Should he be allowed, if found guilty, to have a mistrial, due the fact that the jury wasn't 12 people who were murderers (his proven 'peers'?). If you have a requirement of a 6-jury class-action lawsuit for 46 defendants, are we then required to have a jury of 276, six for each defendant? The legal system would come to a standstill if the judges allowed any / all varieties of individual comprehension of all the terms. |
#17
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"Alan Williams" wrote in message ... Michael Ng wrote: I disagree. A jury of your peers does not mean a jury of friends or people who necessarily share the same ideas. People sometimes confuse the word "peer" with "friend". The two are not necessarily equivalent. A peer is someone who is of general equivalent stature to you, whether it be of age, intelligence, general (not specific) occupations, etc. For example, let's take a murder case in which the defendant is a known member of a violent gang. Is the defendant going to have a jury of gang members? Probably (and almost certainly) not. In fact, in most jury trials, the opposite is true. Those who have the most knowledge of the subject are excused from the jury because just that. In the usual court system, juries are not supposed to be knowledgable. Such knowledge is to be determined by (expert) witnesses. Therefore, I disagree with the statement below. -- Mike The last time I was called for Jury Duty, it was Federal District Court. Some poor soul was alleging that his cancer was due to his government service. About 200 of us were herded in for jury selection. After the simple 'weeding questions', (have you ever worked for, do you now work for, are you related to, etc) they asked "Do you believe that radiation causes cancer?" I stood up. As you should be. Radiation does not cause cancer. Certain forms of radiation in high dosages could cause cancer to form years later, but low level doses are generally quite benign. You showed that you believed something that is provably false, that may have had a bearing on the case in point, so its probably fair that you were dismissed. Me and two others. ;-/ Alan 'we were disqualified' haw (Jerry Dennis) wrote in message ... Bob brings up an excellent point, and it ought to be considered by the defense team's attorneys. A jury is supposed to be made up of your PEERS. In this case, the entire jury (or at least a decent mix of it) should be collectors and dealers. Jerry |
#18
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"Jerry Dennis" wrote in message ... You have a point, TIm. But if I were on trial regarding my profession as a drywaller or electrician, I would want someone knowledgable about my trade on the jury, not a bunch of 94 year-old ladies that got scammed by some roofer and were looking to get revenge (spin on Beanie Baby collector juror #4?). I'd offer that, when a profession is involved, as is the ACG case, that there be some representatives that can see through all the double-talk some so-called expert witnesses will probably provide. For exactly this reason, I've felt that the judge should be the one to select and call the experts in a civil case. That would take the monetary bias out of the experts that are called by the defendants and plaintiffs and probably better serve the interests of arriving at a "correct" solution. I can just see some witness explaining just how wonderful a colorized (or gold-plated) State Quarter set looks and how much it will increase in value, and all those old ladies thinking "wow, my grandson would love to have one of those." Granted this is a fun hobby and most of us get great enjoyment out of it, but there is also the potential for a lot of money to change hands on a single coin. This isn't something I would want left in the hands of the uninformed (hey, look at Congress... "that grand old benevolent national asylum for the helpless"). Jerry "Coin Saver" provides: From Jerry Dennis: Bob brings up an excellent point, and it ought to be considered by the defense team's attorneys. A jury is supposed to be made up of your PEERS. In this case, the entire jury (or at least a decent mix of it) should be collectors and dealers. This 'ploy' has been tried (no pun intended) quite a few times in the past, in courts (mainly by defendants who represent themselves), and failed. The judicial system has the duty to interpret the law and dispense justice. Of the several definitions of "peer", the courts use the one that says a peer is: "one belonging to the same societal group". Otherwise, our courts would be severely hampered by a senseless technicallity. For example: where would they have been able to find 12 "Charlie Mansons"? Scott Peterson is on trial in California on a charge of a double murder of his wife and her child. Should he be allowed, if found guilty, to have a mistrial, due the fact that the jury wasn't 12 people who were murderers (his proven 'peers'?). If you have a requirement of a 6-jury class-action lawsuit for 46 defendants, are we then required to have a jury of 276, six for each defendant? The legal system would come to a standstill if the judges allowed any / all varieties of individual comprehension of all the terms. |
#19
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"Alan Williams" wrote in message ... Michael Ng wrote: I disagree. A jury of your peers does not mean a jury of friends or people who necessarily share the same ideas. People sometimes confuse the word "peer" with "friend". The two are not necessarily equivalent. A peer is someone who is of general equivalent stature to you, whether it be of age, intelligence, general (not specific) occupations, etc. For example, let's take a murder case in which the defendant is a known member of a violent gang. Is the defendant going to have a jury of gang members? Probably (and almost certainly) not. In fact, in most jury trials, the opposite is true. Those who have the most knowledge of the subject are excused from the jury because just that. In the usual court system, juries are not supposed to be knowledgable. Such knowledge is to be determined by (expert) witnesses. Therefore, I disagree with the statement below. -- Mike The last time I was called for Jury Duty, it was Federal District Court. Some poor soul was alleging that his cancer was due to his government service. About 200 of us were herded in for jury selection. After the simple 'weeding questions', (have you ever worked for, do you now work for, are you related to, etc) they asked "Do you believe that radiation causes cancer?" I stood up. Me and two others. ;-/ I probably would have, too. Even though I believe that radiation also *cures* cancer. You takes yer pick. Either way they are usually related somehow in most peoples' minds. Never been called for jury duty in over 40 years of votin' and drivin'. I'd tell 'em I would make a good juror, considering I can pretty much tell if a person's guilty just by lookin' at him. Bruce |
#20
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Bob wrote:
Radiation does not cause cancer. Certain forms of radiation in high dosages could cause cancer to form years later, but low level doses are generally quite benign. You showed that you believed something that is provably false, that may have had a bearing on the case in point, so its probably fair that you were dismissed. You may want to take a little trip to the site of the Chernobyl reactor- people there might have some insight for you as to how long it takes cancer to develop after exposure. Radiation DOES cause cancer- in the statement provided there were no qualifiers, so Alan believed something proven to be true. Perhaps you'd care to let us know how many centigray are safe and for what length of time so the fine folks in the raiology department can dispose of all those silly lead shields. -Steve |
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