[SUBMITTED] Jurors on Trial v3

[Luethenberg]

Author: Constitutional Monarchy of Luethenberg
Requirements: prisons, judicial system with jurors

Lauren Criha has be charged with contempt of court after she told fellow jurors they could acquit the defendant for any reason, even if he's guilty. Sensing the opportunity, her defense attorney Paul Godmen has blown the case into a media circus. Wanting a quick verdict, they have come to you for an answer.

Option 1: "They wanted to put her in jail and throw away the key. All for a little bit of speed?" Lauren asks rhetorically. "Since I wouldn't convict her of breaking a law I don't even agree with, now they're coming for me. Make a statement, and protect jurors from their mistakes... even when they're intentional."

Fallout 1: citizens treat the law like a suggestion book.

Option 2: "You can't be serious? It's bad enough we let one guilty person walk, now you're going to let her go too." @@RANDOMNAME@@ complains, the anonymous juror that turned Lauren in. "She must be punished or there will be anarchy!"

Fallout 2: jurors seek legal council before giving a verdict.

Option 3: "This is not a matter of legal interpretation. Ms. Criha is a perfect example of why you need to be trained to judge justly."
Judge Barnhall, every prosecutors favorite judge says from beside your desk. "Sadly, since we can't punish jurors, I say we just get rid of them."

Fallout 3: judges and prosecutors are often seen celebrating together after a big case

Version 2:

Author: Luethenberg
Requirement: Judicial systemith juries, death penalty

Question: Recent evidence has shown Todd Willingroast did not set the fire in @@ANIMAL@@ City that killed his 3 daugthers. His capital punishment was carried out last year so now Willingham's wife is suing the jury for punitive damages. After the judge refused to hear her case, they have come to make their case to you.

Option 1: "Not only did I lose my babies, they killed my husband." @@RANDOMFEMALE NAME@@ says while pointing at the jurors from the infamous trial. "He was the breadwinner for our family, so they should have to pay."

Fallout 1: jurors seek legal council before convicting criminals.

Option 2: "Aren't jurors supposed to be protected from a wrong decision?" asks @@RANDOMNAME@@, a notable juror from the trial. "If I wanted to pay for bad judgement in the courtroom I would have been a judge."

Fallout 2: getting jury duty is now like getting paid time-off.

Option 3: "Their decision was based on faulty evidence according to 4 arson experts. Even worse, the key 'witness' was Jailbird Jimmy, who recanted his testimony." says @@RANDOMNAME@@ the snake tongued prosecutor. "Actually, I think Willingroast's widow is onto the right idea, but they should be tried criminally too."

Fallout 3: criminals often walk free because of scared juries.

Option 4: "Perhaps the problem is just juries." asks Judge @@RANDOMNAME@@, the favorite among 'crimal' defense attorneys. "Shouldn't ones like us, proficient at logical thinking rule on such severe matters?" @@HE@@ asks while sliding stacks of @@CURRENCY@@ in your pocket.

Edit: based on Candlewhisper's feedback, this is what I meant in reply. Please advise if this is worthwhile or if a similar issue exists.

Edit 2: more good feedback from Candlewhisper. Is there a Nationstates fictional drug of choice?
Edit 2b: changed attorney's name to Paul
Edit 2c: edited option 1 to more clearly show Lauren was against the charges
Edit 2d: edited option 3 to be more focused on the issue at hand
Final Edit (2e): modified fallout 3 and submitted

[Candlewhisper Archive]

Issue 318 covers the idea of a miscarriage of justice being irreversible because of the death penalty. It's also one of the most reversible policies, with 6 separate options allowing for it to be cancelled, though 58 allow it to be activated.

Given the overlap, there's little reason to proceed with this draft.

[Luethenberg]

Thanks for letting me know. The real inspiration for this question is jury nullification. Should jurors be held accountable for their decisions? If a jury convicts an innocent person are the jurors guilty of unjustly taking the defendants freedom. What if a jury doesn't convict someone who is actually guilty and they commit more crimes, is that the jurors responsibility?

Is this a mechanic the game can account for? Is there already an issue for jury nullification? Is this worth revising my draft or is the entire concept too saturated.

Options 3 and 4 sort of touch on this, but I see your concern with options 1 and 2. And advice is appreciated.

[Candlewhisper Archive]

Interesting ideas.

Is there any real life nation that holds jurors accountable for making the wrong decisions? It seems very unlikely to me that any nation that accepts the idea of trial by jury is also going to hold juries culpable for miscarriages of justice.

[Luethenberg]

I do not see a real-life example where jurors have been held liable. There are nations that don't use jury trials, but use 1 or 3 judges instead.

This idea is based on jury nullification, which is a natural consequence of protecting juries from wrong decisions. What happens if a juror knows your guilty, but doesn't agree with the charges, so he rules you're not guilty? Thanks to double jeopardy, you'll probably walk free, along with the juror that ignored the law.

Real life examples of this are northern jurors refusing to send slaves back to the south for running away. The other common example is when southern jurors refused to convict people for lynching.

EDIT: what if I changed option 3 with the 'criminal' defense attorney to abolish juries and make option 4 about fully informed juries (tell them they have the legal right to rule not just according to the law).
Note, Australia has a historical precedent of choosing option 3 and New Hampshire chose option 4 in 2012.

[Candlewhisper Archive]

I like the idea of an issue about jury nullification, but that doesn't seem to be what your issue is about...

Recent evidence has shown Todd Willingroast did not set the fire in @@ANIMAL@@ City that killed his 3 daugthers. His capital punishment was carried out last year so now Willingham's wife is suing the jury for punitive damages. After the judge refused to hear her case, they have come to make their case to you.

Why not present a scenario where jury nullification has actually taken place, and is referenced by name?

[Luethenberg]

I like the idea of an issue about jury nullification, but that doesn't seem to be what your issue is about...

Recent evidence has shown Todd Willingroast did not set the fire in @@ANIMAL@@ City that killed his 3 daugthers. His capital punishment was carried out last year so now Willingham's wife is suing the jury for punitive damages. After the judge refused to hear her case, they have come to make their case to you.

Why not present a scenario where jury nullification has actually taken place, and is referenced by name?

Version 3 based on a mj activist and proponent of jury nullification. Given this, should there be a 4th option for just loosening drug laws or is that too unfocused?

[Australian rePublic]

Specify that she disagrees with the law