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originally posted by: Vermilion
originally posted by: EndTime
originally posted by: wAnchorofCarp
originally posted by: EndTime
originally posted by: wAnchorofCarp
originally posted by: EndTime
originally posted by: wAnchorofCarp
a reply to: EndTime
You can't. Much the same for any AI currently.
So we have to proceed and accept a process in which individual biases may impact the handling and outcome of a trial?
No, we don't have to accept anything of the such. We can always insist on being better.
We can look at this important things first. Incentive, accountability and culpability.
So if proven that an individual has been incentivized, or an individual is beholden to another, or involved in a specific plot that would disqualify them impartiality?
Does the current judge, the individual, meet this criteria?
I believe so. Before the trial via his daughter and during the trial via his omittance of witnesses that are critical to the evidence of the charges.
His daughter is certainly not him. So can we can really say her beliefs and actions contribute to any biases that he has an individual? I would say there can be wildly different beliefs within a family.
How do we separate perceived omittance between those are legally and procedurally grounded versus those that may stem from some form of biases. A criminal may want to omit the physical evidence of their crime, but it does not make it a valid reason.
The rules of conduct for judges in New York are very clear.
Anything within 6 degrees of relationship to the judge is a no go.
Merchan’s daughter is 1 degree.
“(C) The "degree of relationship" is calculated according to the civil law system. That is, where the judge and the party are in the same line of descent, degree is ascertained by ascending or descending from the judge to the party, counting a degree for each person, including the party but excluding the judge. Where the judge and the party are in different lines of descent, degree is ascertained by ascending from the judge to the common ancestor, and descending to the party, counting a degree for each person in both lines, including the common ancestor and the party but excluding the judge. The following persons are relatives within the fourth degree of relationship: great-grandparent, grandparent, parent, uncle, aunt, brother, sister, first cousin, child, grandchild, great-grandchild, nephew or niece. The sixth degree of relationship includes second cousins.”
Section 100
ww2.nycourts.gov...
originally posted by: Sookiechacha
They have each other. That's the way the jury system works. There are 30 something counts that the jury, all 12 of them, must all agree on in order to convict. They are obligated, by law, to discuss and to try and find agreement, so as to avoid a hung jury, on all counts.
originally posted by: EndTime
originally posted by: wAnchorofCarp
a reply to: EndTime
You can't. Much the same for any AI currently.
So we have to proceed and accept a process in which individual biases may impact the handling and outcome of a trial?
originally posted by: MrGashler
Last I checked, the jury does not have to justify their guilty verdict. All they have to do is return a verdict. I may be wrong on that, ....
originally posted by: FlyersFan
originally posted by: MrGashler
Last I checked, the jury does not have to justify their guilty verdict. All they have to do is return a verdict. I may be wrong on that, ....
You are correct. The jury does not have to justify their verdict, no matter how they vote. If they vote guilty or not guilty .. doesn't matter .. they don't have to justify it and they answer to no one for their verdict, not to the judge, not to the foreman, not to each other. To NO ONE.
originally posted by: Sookiechacha
... I understand that he and his followers believe that Braggs is corrupt, ...
originally posted by: Sookiechacha
LOL
Well that settles it then! The jury is corrupt!
But they are NOT obligated to agree on anything and they do NOT have to justify how they vote to each other or anyone else.
An Allen charge, also referred to as dynamite or hammer charges, refer to jury instructions given to a hung jury — or a jury that is unable to reach a consensus — urging them to agree upon a verdict, according to the U.S. Department of Justice.
..........
An Allen charge asks jurors in the minority to consider the reasonableness of their views and to take the views of other jurors into account with a disposition toward being convinced.
Who else in the current or past political landscape is being held to the same legal standard?