I have often thought, instead of having the jury in the court room, why not have the trial without the jury, then tape it. That way the judge can go an edit out all the stuff that the lawyers try to sneak it.
Like when a judge says “Jury will disregard that last remark” they actually do this.
There have been several good arguments for making use of professional juries but people won’t go for that.
Also forgotten is nationwide about 90% of criminal cases never see a jury. The case is plea bargained. In some areas it’s as high as 95% of criminal cases are plea bargained.
Part of the problem is we’re told a trial is to seek the truth. NO a trial is to convict the accused. Perry Mason always gets his clients off by finding the real killer or criminal.
But a trial isn’t to seek out the truth of the case. It is to determain whether that particular person is guilty or not.
This sounds OK till you realize other things like egos of DA’s, the cost of the trials, the availability of witnesses all work against this.
Interestingly enough true crime writer Harold Schechter said when he writes books he never pays for information, but he explains now people expect and demand payment for information. He says twice, he paid for information, got it, turned it over to the cops and it lead to people being cleared.
Once again we see a system where people aren’t going to come forward for “goodness” sake and expect to be paid.
The thing is neither of those people Schechter was ever interviewed by the police but they should’ve been.
You see a trial is not about truth it’s about is the person on trail guilty or not.
Last thing is we also have it drilled into our head juries are 12 people who are impartial.
A jury isn’t 12 people who haven’t an opinion. What you have are 12 people who have an opinion and have made up their mind about something, BUT are willing to change it if someone can convince them.