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Bay12 Presidential Focus Polling 2016

Ted Cruz
- 7 (6.5%)
Rick Santorum
- 16 (14.8%)
Michelle Bachmann
- 13 (12%)
Chris Christie
- 23 (21.3%)
Rand Paul
- 49 (45.4%)

Total Members Voted: 107


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Author Topic: Bay12 Election Night Watch Party  (Read 825818 times)

Dutchling

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Re: Ronald Reagan's Long National Nightmare Discussion Thread
« Reply #9120 on: October 28, 2014, 11:01:04 pm »

That seems like an argument in favour of judge trials o.o

Why would you be against professionalism when it comes to trials?
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MetalSlimeHunt

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Re: Ronald Reagan's Long National Nightmare Discussion Thread
« Reply #9121 on: October 28, 2014, 11:06:44 pm »

Why would you be against professionalism when it comes to trials?
10/10 reframing there.

It's for two reasons. Firstly, it's because "professionalism" is a package deal. It comes with knowing the law, sure, but it also comes with all the weight of judging person after person. No judge, no matter how fair, will not cross-contaminate their experiences. They will make assumptions, they will stop analyzing their own judgements, and they will fall into a pervasive pattern of "I've got this" that will get worse the longer they practice. Secondly, it's because professionalism can be offloaded onto the judge, the lawyers, and experts while leaving the actual verdict up to people who are "fresh" and aren't bringing in as many preconceptions. Indeed, juries screen for such things, while judges are not as interchangeable. In addition, judge panels rarely get larger than three and are most often one. It's a lot easier to focus the weight of your arguments upon a single individual or only a few, especially if they remain static between cases so you can figure out what they are weak to. 12 random citizens are significantly more difficult to tailor your arguments for.

Everybody who knows about judiciaries knows about the hanging judge phenomenon. Imagine what such vindictive and cynical people would be like if they also had the power to say people are guilty. Let judge, jury, and executioner all remain separate.
« Last Edit: October 28, 2014, 11:08:47 pm by MetalSlimeHunt »
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smjjames

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Re: Ronald Reagan's Long National Nightmare Discussion Thread
« Reply #9122 on: October 28, 2014, 11:09:45 pm »

One could use a computer in place of a judge, which would ideally be free of bias and won't get cynical and sentence criminals equally. However, theres the whole ethics of it, the human side of the whole thing, and the fact that it'll inevitably have the bias of whoever programmed it.
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Dutchling

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Re: Ronald Reagan's Long National Nightmare Discussion Thread
« Reply #9123 on: October 28, 2014, 11:11:41 pm »

I don't know, the very idea of a jury sounds incredibly silly/dangerous to me.

But I live in a country without one so that is only to be expected I guess.
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smjjames

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Re: Ronald Reagan's Long National Nightmare Discussion Thread
« Reply #9124 on: October 28, 2014, 11:25:35 pm »

LSP, the subject is about criminal trials, not civil. Which, yeah, both judge and no trials in that case is kinda' fucking bad. Doubly so considering this is the states and being an ex-con completely screws you basically forever.

Doesn't being an ex-con completely screw you basically forever in most places anyway? Though isn't it mostly if you commit a felony?
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Lord Shonus

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Re: Ronald Reagan's Long National Nightmare Discussion Thread
« Reply #9125 on: October 28, 2014, 11:37:52 pm »

Why would you be against professionalism when it comes to trials?
10/10 reframing there.

It's for two reasons. Firstly, it's because "professionalism" is a package deal. It comes with knowing the law, sure, but it also comes with all the weight of judging person after person. No judge, no matter how fair, will not cross-contaminate their experiences. They will make assumptions, they will stop analyzing their own judgements, and they will fall into a pervasive pattern of "I've got this" that will get worse the longer they practice. Secondly, it's because professionalism can be offloaded onto the judge, the lawyers, and experts while leaving the actual verdict up to people who are "fresh" and aren't bringing in as many preconceptions. Indeed, juries screen for such things, while judges are not as interchangeable. In addition, judge panels rarely get larger than three and are most often one. It's a lot easier to focus the weight of your arguments upon a single individual or only a few, especially if they remain static between cases so you can figure out what they are weak to. 12 random citizens are significantly more difficult to tailor your arguments for.

Everybody who knows about judiciaries knows about the hanging judge phenomenon. Imagine what such vindictive and cynical people would be like if they also had the power to say people are guilty. Let judge, jury, and executioner all remain separate.

To expand on this, let's look at something like domestic violence. After a few weeks of putting away obvious wife beaters, some guy's going to come in charged with smacking his wife, and the judge is going to "know" that the guy's a wife beater completely ignoring the broken nose and missing teeth she gave him, just because he's so used to one-sided MtF abuse that the possibility that "she started it" (a common defense in such cases) might actually be true in this instance never crosses his mind. A complete jury will only ever see one case, and an individual jury member will rarely serve more than once every couple of decades, if that.
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Dutchling

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Re: Ronald Reagan's Long National Nightmare Discussion Thread
« Reply #9126 on: October 28, 2014, 11:46:21 pm »

Seems like you people just have an issue with judges in general.
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smjjames

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Re: Ronald Reagan's Long National Nightmare Discussion Thread
« Reply #9127 on: October 29, 2014, 12:02:39 am »

Seems like you people just have an issue with judges in general.

You're the one with the system that doesn't have juries though.

How does that work fairly without the jury system though? And yeah I know the jury system can be manipulated pretty easily.
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Dutchling

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Re: Ronald Reagan's Long National Nightmare Discussion Thread
« Reply #9128 on: October 29, 2014, 12:06:24 am »

We have judges :P
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Darvi

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Re: Ronald Reagan's Long National Nightmare Discussion Thread
« Reply #9129 on: October 29, 2014, 12:40:13 am »

Seems like you people just have an issue with judges in general.
Quote from: Wikipedia
In countries where jury trials are common, juries are often seen as an important check against state power.

Sounds about right. Bloody libertarians.
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Frumple

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Re: Ronald Reagan's Long National Nightmare Discussion Thread
« Reply #9130 on: October 29, 2014, 12:43:24 am »

Don't blame the libertarians for this one. It's europe's fault. You bastards offloaded all your crazies over here, and unfortunately they bred. So now we actually have to have checks on state power, otherwise you have some lackwit mandating monthly duck fornication rituals and no one can stop them.
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Darvi

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Re: Ronald Reagan's Long National Nightmare Discussion Thread
« Reply #9131 on: October 29, 2014, 12:46:57 am »

I'm not blaming them, I'm associating the people in question with them via comparison. Call it an insult, if you will.
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smjjames

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Re: Ronald Reagan's Long National Nightmare Discussion Thread
« Reply #9132 on: October 29, 2014, 12:56:55 am »

Don't blame the libertarians for this one. It's europe's fault. You bastards offloaded all your crazies over here, and unfortunately they bred. So now we actually have to have checks on state power, otherwise you have some lackwit mandating monthly duck fornication rituals and no one can stop them.

Sounds like something a noble in DF would mandate, lol.
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Frumple

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Re: Ronald Reagan's Long National Nightmare Discussion Thread
« Reply #9133 on: October 29, 2014, 12:59:11 am »

And most of the states have entirely too little accessible lava to deal with that sort of thing.
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Lord Shonus

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Re: Ronald Reagan's Long National Nightmare Discussion Thread
« Reply #9134 on: October 29, 2014, 01:41:07 am »

The courts did just legalize gay marriage there, which is a positive event, I suppose.
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