This is fascinating. I've read recommendations that we do away with jury trials for things like sex offenses (specifically rape) in favor of only a judge-trial, with a judge who is well-informed on many of the nuances of rape, psychological responses and effects upon victims, and the like. Part of the argument is based on the pitfalls of group decision-making such as what you outlined here.
Thank you for your comments & also for the restack. Very kind if you! You are quite right that there are moves abroad to get rid of jury trials for sex offences - was that in Scotland? I forget where off hand. It’s difficult to know how to feel about that. Of course, jury trials are riddled with problems. On the other hand, we are all supposed to be entitled to a jury of our peers. I leave the question to wiser heads than mine…
I’m in the US, and I don’t know of any movement to get rid of jury trials for sex offences. It was only an idea that I read somewhere, possibly in a book. But I have mixed feelings about it, too. I’m not well-versed enough in the law to know how such an idea could be implemented here.
This is fascinating. I've read recommendations that we do away with jury trials for things like sex offenses (specifically rape) in favor of only a judge-trial, with a judge who is well-informed on many of the nuances of rape, psychological responses and effects upon victims, and the like. Part of the argument is based on the pitfalls of group decision-making such as what you outlined here.
Thank you for your comments & also for the restack. Very kind if you! You are quite right that there are moves abroad to get rid of jury trials for sex offences - was that in Scotland? I forget where off hand. It’s difficult to know how to feel about that. Of course, jury trials are riddled with problems. On the other hand, we are all supposed to be entitled to a jury of our peers. I leave the question to wiser heads than mine…
I’m in the US, and I don’t know of any movement to get rid of jury trials for sex offences. It was only an idea that I read somewhere, possibly in a book. But I have mixed feelings about it, too. I’m not well-versed enough in the law to know how such an idea could be implemented here.