@Taosan, I know where you’re coming from on juries. I’ve heard many commedians comment about having your fates decided by 12 people not smart enough to get out of jury duty. But in all seriousness, the whole idea of juries really took a big hit in my mind when OJ was acquitted. I realized that there is an inherent problem of combining the standard of having to be found guilty beyond a “reasonable” doubt AND having what is reasonable be adjudicated by a jury of your peers. Basically, here’s my thought process.
OJ’s blood was at the murder scene, DNA proved that, and DNA evidence does not lie. Now maybe those people didn’t quite understand that, or maybe they actually bought the defense’s bullshit, which if you recall went something like this. 1) The LAPD is racist (this is a given among a jury of OJ’s peers…anyone who lived in LA at that time…aka OJ’s peers…was confronted with almost daily stories about how racist the LAPD was, their racial profiling at traffic stops, and let’s not forget the Rodney King affair was still fresh). 2) The guy who ran the investigation had one time been audiotaped using a racial slur, ergo, he must be racist. 3) The police being racists would “logically” love to frame a black man for murdering a white woman, particularly a famous one. 4) The police had enough time “theoretically” to have taken some of OJ’s blood and planted it at the scene before the DNA evidence was collected.
Now, as a rational person not living in LA, I said to myself, yes, some members of the LAPD are racist, but you can’t make a blanket statement like that without proof. This was taken as a given by OJ’s peers, the same way that if OJ had lived in the Ozarks and claimed that a UFO came down and killed Nicole and Ron, a jury of his peers might have damn well believed that it was plausible enough to establishe a…ding ding ding, “REASONABLE DOUBT”. To me the idea that entire LAPD would want to frame him because they were so racist that they wanted to take down a black celebrity and would go to those lengths, risking not only the integrity of the investigation itself, but the careers of whomever cooked up this plot if they were to get caught (because the timeframe was VERY tight and under that imagined scenario they wouldn’t have had more than a couple seconds to spare), that idea seemed preposterous…possible, but not likely enough to me to be considered a “reasonable” doubt. Yet, if I was innundated with stories of racism, particularly if I’d experienced some of it first hand (and as I recall, 9 jurors were black, and being stopped for DWB is, or at least was at the time, a fact of life in LA due to racial profiling), that might have seemed reasonable to me.
So I thought of a million scenarios where a jury of one’s peers might have a particular shall we say, set of prejudices which could be exploited by an attorney. Because after all, defense attorneys don’t get paid to establish the truth, they get paid to establish a reasonable doubt. If you know that’s reasonable in a particular community, you can concoct any story you want to offer an alternate explanation, and if you can demonstrate, to a person who thinks your theory is “reasonable” that it is also technically “possible” in that particular circumstance, your client will walk.
So, I agree with @TaoSan, my feeling is, who better to judge the reasonableness of something than say a panel of judges who actually undertand the intricacies of the law…people who are paid to judge what is reasonable or not? I’d feel much safer with a “reasonable doubt” burden of proof if the jury deciding what is reasonable were someone who were trained to understand reason, and not someone jerked out of their day to day lives and just asked for their opinion after being manipulated by an attorney who will do anything to get his client off.