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by rayiner
5162 days ago
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The jury is given a lot more guidance and instruction than what you see on those forms. The judge spoon feeds them the law and the experts spoon feed them the technical information. And of course the judge retains substantial discretion to set aside the conclusions of the jury. The stuff about "theatrical performance" is more TV than reality. It's very important as a lawyer to be able to explain complicated concepts to the jury in a way they understand, but that's clarity not theatrics. The jury is mostly there to weigh the credibility of the witnesses and experts. E.g. do we believe this Google witness when he says he didn't know about X? We do this for a very sensible reason, which is that it makes the legal system credible. It's very easy to lose faith in the judicial system because you don't trust judges, etc. It's easier to put your faith in a jury of your peers. And at the end of the day, as a dispute resolution mechanism that's what the judicial system depends on: faith that it will render fair judgments. |
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