this post was submitted on 03 Aug 2023
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[–] reversebananimals@lemmy.world 16 points 1 year ago (5 children)

There's a reason why so many lawsuits end in a settlement instead of a jury trial. We all want to believe every trial is like 12 Angry Men, but the reality is that a "jury of your peers" is made up of the general public (ever looked around on a public bus?), so at the end of the day jury trial is basically a coin flip.

Same thing here. If it goes to trial, the outcome is going to basically be random.

[–] shutuuplegs@reddthat.com 24 points 1 year ago (4 children)

None of what you said is true. I know what you mean, and it’s a good worry, but juries are not purely “random”.

They are heavily scrutinized and thoroughly checked from both sides. A large group of potentials are brought together (randomly) and a selection process takes place. Both sides form written questions of the potential jurors to ensure they aren’t a shoe in for the other side. Those questions are provided to a judge who validates that they are not bad. Then the questions are provided to the individuals to answer with the judges guidance. Then they are selected to serve or be alternates by all three parties. Yes trumps lawyers will be there and have a say but it can be countermanded by the other side and the judge focuses on the meat of the items.

In trump’s case the pool will be very large and the judge will be spending a very long time talking to each to ensure they will be impartial and fair. Above and beyond the simple questionnaire. They also have the capacity to double check for obvious issues like lying about their belief structure and the judge sets out the requirements for the case.

The judge 100% talks to the jurors directly and in general tries to engender a level of trust between themselves and the potential jurors. They will ensure neutrality.

Yes it could go sideways, but it is unlikely. The politics are so unbelievably polarizing it would be hard to imagine a juror lying through their teeth to get into there with the risk of being found to have lied through the process. And seriously lying on the juror question forms is.. bad. Really bad.

Btw lawsuits end in a settlement because the cost of the lawsuit is higher than the cost of settling and getting money now. Nothing more or less. You are conflating very different processes.

Be angry about the right things with the right information. It’s way more healthy and will help you energize others.

[–] tryptaminev@feddit.de -4 points 1 year ago (1 children)

You can expect Trimp lawyers to always deny non pro Trimp candidates. Also they'll smear the jurors they couldn't prevent and make their life hell, so they drop out.

I wouldn't be suprised if they try to drag it out for years, while smearing as much shit around the court and the lawful institutions of the US until Trump is in office again and can seize power indefinetely.

[–] shutuuplegs@reddthat.com 5 points 1 year ago

It won’t happen. They will complain, but the judge has final say and if they name a juror they will go to jail and face disbarment. This is not a game and they know it.

You are right to worry in general, but this is one place and detail I wouldn’t worry about.

The selection process will take a while, but it won’t be impossible and the lawyers won’t be able to hose that part up. There will be attempts to move the venue (already talking about trying to go to wv) but the law is clear that it should be handled via the dc federal system.

Delays in general will happen.

They will make motions around the questionnaires going to the potential jurors and many more things. Most of which the judge has pure control over. Then they will attempt to research each of those selected and get them thrown out to force a mistrial. The judge will have lots of alternates.

It’s a short case with extraordinary focus. It will take much longer than it should, but it has none of the difficulty like the clearances and other issues in florida. Keep up your hope, I’m not saying everything is perfect but these aren’t the problem areas.

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