Is there a case for doing away with juires ....
Is there a case for doing away with juires ....
... as they don't appear to want to convict
http://www.sunderlandecho.com/news/crime/sun-blinded-drivers-who-hit-cyclist-in-sunderland-cleared-of-causing-death-1-6913938. No matter how incompetent or negligent you get to walk free!
http://www.sunderlandecho.com/news/crime/sun-blinded-drivers-who-hit-cyclist-in-sunderland-cleared-of-causing-death-1-6913938. No matter how incompetent or negligent you get to walk free!
Re: Is there a case for ding away with juires ....
My thoughts are with the victims family and friends. We've seen outcomes like this too many times before.
The problem lies with driving standards. If driving standards improve then such tragedies should not occur.
High on a cocktail of flossy teacakes and marmalade
Re: Is there a case for ding away with juires ....
It would be nice to think that the rest of society felt the same way as you or I about inadequate driving when incidents do happen though
Re: Is there a case for ding away with juires ....
Even if you got rid of the jury on the grounds of conflict of interest (they're likely to all be drivers, less likely to be cyclists), you would have magistrates / judges who drove to work that morning... Judge / magistrate could issue some kind of instruction etc to the jury to say that driving over someone on the side of the road most definitely fell within the careless / dangerous domain, and the jury should decide which... They issue advice on everything else.
Re: Is there a case for ding away with juires ....
Don't like the verdict, so abolish juries.
A very slippery slope, that we are too far down already.
Neil
A very slippery slope, that we are too far down already.
Neil
If it aint broke, fix it til it is.
Re: Is there a case for ding away with juires ....
It's the legislation that is the problem. Asking juries to decide upon whether something falls below or well below average standards of driving is full of problems. Chief amongst which is the fact that many or most drivers regularly do things which they shouldn't do. The law effectively legitimises types of dangerous driving if they become commonplace. I'd happily have hitting stationary individuals or objects as a strict liability offence. If you hit somebody who is stationary in the road then your driving is self-evidently dangerous unless you can come up with proof of a truly exceptional reason (immediate and total brake failure is the only one which springs to mind) why it happened despite competent driving.
Re: Is there a case for ding away with juires ....
Bicycler wrote:It's the legislation that is the problem. Asking juries to decide upon whether something falls below or well below average standards of driving is full of problems. Chief amongst which is the fact that many or most drivers regularly do things which they shouldn't do. The law effectively legitimises types of dangerous driving if they become commonplace. I'd happily have hitting stationary individuals or objects as a strict liability offence. If you hit somebody who is stationary in the road then your driving is self-evidently dangerous unless you can come up with proof of a truly exceptional reason (immediate and total brake failure is the only one which springs to mind) why it happened despite competent driving.
+1
Who's in charge of the vehicle?
The driver
So the driver is liable,it is his/her responsibility to drive safely is it not?
In the case in question the cyclist was absolved of all blame,so the drivers were driving dangerously.
It's that simple.It's that simple as they crashed into him because they couldn't see where they were going.
If you're driving in the UK apparently are able to drive whilst blinded by the sun in the hope there'll be nothing in their way to crash into because that's what you do isn't it?.
In a sane and right thinking society it'd be obvious who were a danger to society.
Unfortunately this isn't a sane and right thinking society.
So a driver can kill someone with a motor vehicle,have a well prepared sob story ready for the trial and get off with either a slap on the wrist or a not guilty verdict.
Is the UK a backward nation?
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"All we are not stares back at what we are"
W H Auden
"All we are not stares back at what we are"
W H Auden
Re: Is there a case for ding away with juires ....
I've never been called for jury service, and as I'm not far off 70 (which I believe is the cut off point), it is unlikely to happen now. I would certainly like to be involved with a case involving dangerouse driving, at least to argue the point about motorists at fault in causing death or serious injury to vulnerable road users.
Power to the pedals
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Re: Is there a case for ding away with juires ....
jezer wrote:I've never been called for jury service, and as I'm not far off 70 (which I believe is the cut off point), it is unlikely to happen now. I would certainly like to be involved with a case involving dangerouse driving, at least to argue the point about motorists at fault in causing death or serious injury to vulnerable road users.
What exactly do you mean?
Re: Is there a case for ding away with juires ....
I mean I'd like to challenge a jury made up of mainly motorists, passing a decision on others like them indicating that vunarable road users have no signifience.
Power to the pedals
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Re: Is there a case for ding away with juires ....
jezer wrote:I mean I'd like to challenge a jury made up of mainly motorists, passing a decision on others like them indicating that vunarable road users have no signifience.
I'm sure you'd try the Defendant strictly on the evidence like the other 11 Jurors, as directed by the Judge . Whatever the verdict "said" would be of no importance in its determination, of course.
Last edited by Bonefishblues on 25 Oct 2014, 8:22pm, edited 1 time in total.
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Re: Is there a case for ding away with juires ....
jezer wrote:I've never been called for jury service, and as I'm not far off 70 (which I believe is the cut off point), ...
They've recently raised the age limit to 75. I have sat on a jury and as I'm also not far off 70, I thought it wouldn't happen again, but it's a bit like raising the age for old age pension and bus passes.