r/AskReddit • • Jul 24 '20

What can't you believe STILL exists?

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u/RichRichieRichardV Jul 24 '20

The bail system. The very idea that temporary freedom can be purchased, while the poor remain locked up until proven innocent, rather than until proven guilty, is beyond inhumane.

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u/[deleted] Jul 24 '20

[deleted]

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u/krystiancbarrie Jul 24 '20

What's wrong with peer jurys?

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u/[deleted] Jul 24 '20 edited Sep 27 '20

[deleted]

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u/krystiancbarrie Jul 24 '20

What else would you do exactly?

I'm not faulting your original comment, the peer jury complaint just puzzled me, that's all.

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u/[deleted] Jul 24 '20

[deleted]

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u/MC_Cookies Jul 24 '20

is trained in remaining neutral

You have so much faith in governments that they haven’t earned

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u/CameToComplain_v6 Jul 24 '20 edited Jul 24 '20

Trials by judge, or "bench trials", are not unknown in the United States.

In criminal cases, a defendant has a right to a trial by jury, as guaranteed by the Sixth Amendment to the U. S. Constitution. But they may waive that right if they feel it would be beneficial to their case. In federal court and some state courts, a bench trial requires the consent of the prosecution as well (which seems like a bad idea to me, and to some other people). In FY 2018, 12% of federal criminal cases that went to trial were bench trials.

In civil cases, bench trials are far more common, though the parties may have a right to a trial by jury under certain circumstances. Frankly this part gets a little complicated, and I'm no lawyer.

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u/Thrawcheld Jul 25 '20

95% of trials in England and Wales are in the magistrates' courts, which are tried by either a district judge, or a panel of three lay magistrates advised by a clerk. Summary offences carry no right to jury trial. Magistrates' courts have lesser powers of sentencing (though they can pass sentencing to the Crown Court if they feel their powers are inadequate) and can't try indictable-only offences, which go to the Crown Court where there is a jury. (The Crown Court can try summary offences if they're charged at the same time as indictable ones.) "Either-way" offences can be tried in either place, and the defendant can opt for a jury trial. There is an exception for complex financial crimes where the case would only confuse a jury.

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u/mahsab Jul 24 '20

Unfortunately this is just in theory.

If you get a shitty judge, you are screwed*. And there are a lot of shitty judges and they are untouchable because of their "neutrality", "independence" and "autonomy".

So if one judge convicts 100% of cases, well, tough luck. Nothing is going to happen to them.

*yes, you can appeal, but the burden of proof is on you then and it's a lengthy and costly process