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  1. #11
    Join Date
    Nov 2015
    Location
    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,368

    Default Re: Defandants Should Be Hidden

    Quote Quoting Mr.Fix_It
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    Well does he have a point? Would not seeing the skin color, or way a defendant dresses, help eliminate bias from jurors? During jury selection, how is biased removed? Let me combat him with facts. He believes too many are wrongly convicted due to bias. Any stats to show that isnt the case?
    I'd say that this isn't a very winnable position, overall.

    How would your friend like to change the system? There have been, and are, countries where trials in absentia were the norm and where guilt was assumed rather than innocence. This is not to say that our system is the greatest: money has a greater influence that it should, prisons stats certainly show bias, as do the preponderance of police shootings and brutality incidents. Consider this though, you aren't subject to summary execution for possession of drugs, cannot be hit with a cane if you spit on the sidewalk or sentenced to hard labor in Siberia.

    It's easy to say that something isn't "fair", whatever that means is very subjective, but how to create positive change that is more than superficial is the hard part.
    "Where do those stairs go?"
    "They go up!"

  2. #12
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    193

    Default Re: Defandants Should Be Hidden

    Quote Quoting Mr.Fix_It
    View Post
    Got into a heated debate with a colleague who feels defandants should never be in a courtoom and should have their voices altered as a way to remove bias from jurors. Legally, why SHOULD defendants appear in person?
    Safeguards are established to reduce the effect of an unfair trial, such as a defendant can not be ordered to wear prison garb to the courtroom over his objection.

    Also a Judge must instruct a jury the defendant is innocent until proven guilty, if it is not done, and s/he is convicted, it may be reversible error on appeal.

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