Friday, August 02, 2019

Jack’s Winning Words 8/2/19
“The law is reason, free from passion.”  (Aristotle) Have you ever served on a jury?...or, have you ever had a jury pass judgment on you?  Aristotle describes not only the law, but also the ideal jury…reasonable and dispassionate…like the sculpture, Lady Justice, which gives form to impartiality blindfolded; fairly weighing evidence holding a balance scale; able to enforce the verdict grasping a sword.  At the Last Judgment, would you want a jury of peers, or God?   ;-)  Jack


FROM HONEST JOHN:  I used to judge debates.....no judge is completely impartial.....we are all tainted by our own thinking....one can attempt, however, to be as impartial as possible.===JACK:  I think that I would be a terrible juror...trying to get the others to see my point of  view, when we, together, should be weighing the evidence.  On the other hand, knowing my flaw, I think that I might try hard er to overcome it.  I might do better as a judge of sermons. ===JOHN:  You were searching for a term to use for Divine Absolutism....one that I think of  that  folks like George Washington and Abraham Lincoln use frequently to express that  idea is “Providence.”    I like the term and it speaks to me what I think you were trying to articulate.    Just a thought. 

FROM HY YO SILVER:  There is no freedom without the law.===JACK:  While teddy Roosevelt was speaking about foreign policy when he said, his words can also apply to enforcement of the law:  "speak softly and carry a big stick "

FROM RS IN TEXAS:  God.  Unfortunately, there is a severe lack of equal justice by ones "peers" - especially when the "peers" are prejudiced against their neighbor. ===JACK:  Unfortunately too few of our peers know the meaning of "grace," unless it is explained and applies to them. 

FROM NOVA SCOTIA FISH:  Yes, I used to serve on USAF military juries (courts martial). I found the process scrupulously fair. The most junior officer (which was me in the early ones) spoke first and then so on up to the most senior officer. First, everybody voted on which (if any) was the highest included crime of which the defendant was guilty. The finding was the highest crime for which a majority voted. Then, once the violation if any was determined, we voted on the choice of penalty as outlined in the Uniform Code of Military Justice; the penalty chosen was the most severe for which a majority voted. I never saw an attempt at inappropriate interference before or during the trials by higher authority.===JACK:  The jury pool you describe probably had a different composition than one in a typical public jurisdiction.  But, even military justice results in some unfairness, compared to the Final Judgment.

FROM BB IN CHGO:  Great quote and analogy.  You know the answer!===JACK:  Interesting that both the Statue of Liberty and Lady Liberty are females.  Does that say anything?

FROM LBP:  I've been called to jury duty several times, but have only been selected to sit on a jury once. Sitting in the jury box was odd. It was like a one-sided conversation or watching TV. I had to take what was presented and form a conclusion, no asking questions. Unfortunately, I never learned what happened to the defendant. Just before deliberation I was excused as an alternate. With a draw from a hat, my conclusions were no longer relevant.===JACK:  It seems to me that in choosing the jury, lawyers seem to want peoLle who they think they can influence.  But, maybe not.  I should ask some of my lawyer friends.===LBP:  To some extent that's probably true. From what I saw, they tried to get rid of the set that weren't interested to at least consider both sides. If the scale is stuck, how can it weigh the evidence?===JACK:  That's a great analogy...and more a more positive thought than mine.===LBP:  I've seen the courtroom dramas on TV where everyone is trying to fix the jury box. Maybe it's so, but I have been accused of being an optimist. ... that, and there are only so many folks they can throw out "just because."  Our selected group spent a bit of time just hanging out in the back room until those bits of the proceedings when we were needed. It was a good group of folks. Not sure how well we matched the kid on the stand as "peers" but it was a pretty diverse group so hopefully some good thought went into the final decision. We couldn't discuss the case during those waiting times, but we had some good getting-to-know-you conversation and plenty of rounds of Uno : )===JACK:  I feel that something has been missing from my life by not being on a jury.  I have been on the witness stand, though.


FROM DAZ IN CO:  I have a lot more faith in God. That’s the only choice.===JACK:  I'm not sure that peers would go along with grace. 


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