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From: learn@igloo.scum.com (Bill HMRP Vajk)
Newsgroups: comp.org.eff.talk,misc.legal
Subject: Re: Sophistication of federal investigators
Message-ID: <3277@igloo.scum.com>
Date: 15 Jan 91 07:02:46 GMT
References: <1991Jan10.023821.15346@ddsw1.MCS.COM> <1991Jan13.191251.28841@ddsw1.MCS.COM>
Followup-To: comp.org.eff.talk,misc.legal
Organization: Igloo, Public access Unix, Northbrook IL
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In article <28841@ddsw1.MCS.COM> Karl Denninger writes one of his better rants:

> Jurors everywhere need education so as to find people "NOT GUILTY" 
> when they have committed no crime.

Juries are charged with determining whether an individual has violated 
laws, not whether a crime was committed. Unfortunately this distinction 
is lost for some large portion of our population.

Should juries begin to vote based on conscience involving their personal
views of "crime" instead of following current proceedure, the challenges 
necessary to review the law itself would cease.

I think we are left with a choice, Karl. Change this aspect of the system
to benefit charged individuals (perhaps) at the cost to all of society, or
let the first case run the hurdles and challenge the applied law, at an 
expense to the individual but to the benefit of society at large by
imposition of better laws.

This is why foundations such as EFF are necessary. Generally an individual 
cannot afford the expenses associated with such challenges. One of the features
of our socio-economic clime is that when a need arises, the demand is always 
filled. Given the short history we have with the particular laws under 
discussion, I think it amazing that the response has manifested so quickly and 
so effectively. 


Bill Vajk    |    An excess of law inescapably weakens the rule of law.
             |                               - Laurence H. Tribe