• @cheese_greaterOP
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      2 months ago

      Would that equate loss to a guilty person getting away over convicting an innocent person? Not sure if I’m expressing this great but I mean like people would be naturally and organically aligned with a reluctance to convict that is compatible with presumption of innocence and the proof beyond a reasonable doubt standard?

      Like “better a 1000 guilty people walk than a single innocent be wrongly convicted”

      • @[email protected]
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        fedilink
        12 months ago

        I think whoever framed the presumption of innocence and proof beyond a reasonable doubt felt that way.

        Jurors themselves are complicated. Some people are racist, some people are just hateful, some people respect authority so much that they’ll just believe whatever the district attorney says. All of these conditions can create a situation where the jury won’t reach consensus easily .

        And pretty much everybody just wants to get back to brunch and taking care of their families.

        I think what you are speaking to is values. What I’m talking about is emotions as they are felt in the moment and how those will affect a jury’s outcome.

        Hence people are not computers.