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<blockquote data-quote="Bright Raven" data-source="post: 1534456" data-attributes="member: 27490"><p>Excellent post! It is nonpartisan which is another endangered species.</p><p></p><p>One comment at this point:</p><p></p><p>In practice, based on my experience in mostly administrative law and a few cases that were decided by civil law, I never got a sense that there is a sincere effort to set a threshold for guilt. Realistically, most folks are biased - to the point that empathy does not even enter the equation.</p><p></p><p>For example, I will just make this up but it is based on real personal experiences. If an agency conducts an inspection in a coal mining county, the operator becomes belligerent and threatens or assaults an enforcement agent....perhaps even to the point of brandishing a firearm. The operator is served an indictment. The case is prosecuted in civil court before a local jury. There will be a few on the jury that certainly will not have empathy for the agent even if they are 100 % convinced the crime occurred. Before the trial starts, those folks already have voted not guilty.</p><p></p><p>In my example, it is less a matter of having empathy for a person and more of a case of people being biased.</p><p></p><p>I was on a civil case in Denver as a juror. The case was so clear a 6 year old could see that the ex-husband was guilty. He violated a restraining order, broke and entered, and beat the heII out of his ex. A guy on the jury had just gone through a nasty divorce and absolutely would die before he would vote quilty. I was asked by the prosecutor as I left how in the world we didn't convict. I told him. He just slumped!</p></blockquote><p></p>
[QUOTE="Bright Raven, post: 1534456, member: 27490"] Excellent post! It is nonpartisan which is another endangered species. One comment at this point: In practice, based on my experience in mostly administrative law and a few cases that were decided by civil law, I never got a sense that there is a sincere effort to set a threshold for guilt. Realistically, most folks are biased - to the point that empathy does not even enter the equation. For example, I will just make this up but it is based on real personal experiences. If an agency conducts an inspection in a coal mining county, the operator becomes belligerent and threatens or assaults an enforcement agent....perhaps even to the point of brandishing a firearm. The operator is served an indictment. The case is prosecuted in civil court before a local jury. There will be a few on the jury that certainly will not have empathy for the agent even if they are 100 % convinced the crime occurred. Before the trial starts, those folks already have voted not guilty. In my example, it is less a matter of having empathy for a person and more of a case of people being biased. I was on a civil case in Denver as a juror. The case was so clear a 6 year old could see that the ex-husband was guilty. He violated a restraining order, broke and entered, and beat the heII out of his ex. A guy on the jury had just gone through a nasty divorce and absolutely would die before he would vote quilty. I was asked by the prosecutor as I left how in the world we didn't convict. I told him. He just slumped! [/QUOTE]
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