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PaperclipPerfector  9d ago (text post)   25748 thread views

Culture War Roundup for the week of November 25, 2024

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Its a constitutional law matter

I knew the US constitution was dummy thick, but does it really contain every minute detail about trials by jury?

The Constitution itself is quite brief. The hundreds of cases of binding precedent about it, not so much.

One simple example is that the right to a speedy trial is held by the defendant, not the state.

Another is that the defendant is entitled to all relevant information the state has (this is called Brady generally) and adequate time to review it. In most cases, adequate time is determined by defense counsel (rare exceptions are made such as in the Trump NY case, and when defense appears to be delaying intentionally).

In the state I reside, the process you describe wherein everything is taking 1 or 2 days is a condensed version of what currently takes somewhere between 2 and 30 days. No defense lawyer would ever agree to this mini-jury approving an actual guilty, so you are actually complicating the processes known as information (mini pre-trial before a judge) and indictment (mini pre-trial before a grand jury).

Defense is always going to want the full discovery and ability for a full trial. They want to strike jurors who have been robbed in a robbery case (another constitutional case ruling), racists who hate all , etc.

Most defendants are guilty. The Constitution has a presumption of innocence. The interplay of these two is deeply ingrained in the system and would require more than laws to change.

Thanks for the explanation. Do cases have to percolate up to the SCOTUS for them to overturn the previous ruling, or does any of of the federal branches have the power to launch the review of existing cases?

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