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by rg111 987 days ago
You can appeal many times. And there are multiple judges listening to a case.

And we also need to get rid of elected judges.

The developed world do just fine wuthout a jury system.

2 comments

Jury can declare person innocent if they believe that the law is unjust. Can judge do the same?
Even if they could, and they probably can, they are inherently cogs in the machine of the law and shaped by it. A jury of twelve layman will always be more fair and I’m glad America has a system that understands this fact. People arguing against juries must be so ignorant to why they’re even a thing to even begin debating why they are a bad thing.
Yes. Of course they can.
Do you have a source on that?

I'm unfamiliar with the laws and jurisprudence on bench trials in the US, but the impression I have is that judges are either required to simply follow the law, or are at least bound by custom to do so.

Most of the time a judge doesn't need to provide justification of any kind when issuing a verdict. The assumption (and it's a big one) is that they follow the law when issuing verdicts - like you said it's more like a custom. I suppose the difference is that a judge cannot stand up and say "I found you have broken the law but I disagree with the law so I won't find you guilty" while a jury can - but judges have an almost absolute discretion at deciding what the verdict is, if they internally disagree with a law they can just find you not guilty if they so wish.
except in the very rare cases where they cave to political pressure