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PostPosted: Wed Aug 18, 2010 3:54 pm 
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Khross wrote:
Arathain Kelvar wrote:
See the practical problem with what you are suggesting?
I don't think there's a practical problem in that case. I do, however, find practical problems with how law is practiced legislatively and judicially in the the United States. I imagine, were we required to hold a separate for each charge, our prosecution system would find itself prioritizing crimes, evidence gathering, and arguments. Instead, we end up in a situation where they disperse their resources going for as many charges as possible: it's a lawn dart approach. Likewise, since I am a big proponent of equality in judicial action, I think this might actually lead to a more equitable and just system.


I'm with you on the animosity to the lawn dart approach. However, I seriously disagree with preventing trial "lumping".


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PostPosted: Wed Aug 18, 2010 4:32 pm 
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Khross wrote:
Arathain:

No, I'm just arguing that by virtue of grouping all the charges into a single trial, that retrying because of a mis-trial doesn't really seem kosher to me. If the jury got hung, then it's an issue of not passing reasonable doubt. I know how things work, I just honestly don't think there's an exclusion that exists or should exist to allow a second trial in this case.


The only reason all the charges are tried at once is efficiency. You really could try each and every charge with its own trial. That in no way puts anyone in double jeopardy.

In any case, the Fifth Ammendment doesn't specify that reasonable doubt is satisfied only by a unanimous verdict. That's an additional qualification imposed over and above the Constitution. A hung jury simply fails to satisfy that additional safeguard. There doesn't need to be a clause allowing retrial in case of a hung jury; there would need to be a clause prohibiting it explicitly.

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PostPosted: Wed Aug 18, 2010 10:47 pm 
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Actually, given that the law is nessecarily a public good, I'm all for taking the private element out the entire field.

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