Monday, August 25, 2014

[Cons] Article III, Section 1 (4 of 10) What role the judge?

So in this empowered jury world, what role does a judge play?

Let's start with what they don't do.

They do NOT cite contempt.  That's for the jury.  That means the court rises when the jury enters.  That means that people refer to jurors as 'the honorable' etc.

They do NOT determine the opportunities for opposing council.  "Approaching the bench" means approaching the Jury.

They do NOT cite what evidence is seen.  The jury sees that.

They do NOT determine what law or explain the law to the jury.  The law is simple enough for them to understand (see the next post for that.)

But the thing is, if the Jury is made this powerful, then someone must hold the JURY in check.  The Jury cannot be racist, cannot lie, cannot be sexist or make decisions based on religion or social status.  The jury must serve justice and be fair.  And thus, the greatest and most important power a judge has is to REMOVE a juror who is behaving with conduct unbecoming a public servant.

There must be serious consequences for this.  If a judge does this, a majority of the remaining jury can remove the judge and get a new one subject to their approval.   A judge removed must face a review by another jury about whether or not they get to keep their judgeship.

An honored judge could have powers delegated to him by a jury, but it should be THE JURY'S choice about whether or not they choose to do so and they should be able to take it back at any time.

A judge is honored in court because they are supposed to represent justice, but the political decisions made by conservative judges in US courts are anything BUT honorable or just.  Perhaps after a few centuries they might deserve the honors they receive, but not now.

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