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Old 10-30-2014, 05:10 PM
 
Location: The place where the road & the sky collide
23,809 posts, read 34,461,808 times
Reputation: 10256

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Quote:
Originally Posted by NorasMom View Post
I normally would vote for more choice but I feel like this is a smoke and mirrors choice. Juries can be terrible but honestly so can judges. We have a constitutional right to a trial by jury; I really see no benefit to a defendant in waiving that...you can't go in assuming your jury will be bad. But, if you're a minority in certain areas, I feel it might be safe to say your fate should not be left up to one person. And I could see coercion happening as well.
My concern is also coercion.
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Old 10-30-2014, 05:30 PM
 
52,433 posts, read 26,404,710 times
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I would hope the accused would be taking advice from their lawyer(s) who should put a quick end to any kind of underhanded tactics of prosecutors. I'd imagine that most prosecutors would not want to risk an appeal or a verdict being tossed out because they behaved improperly.
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Old 10-30-2014, 06:51 PM
 
Location: North Carolina
6,957 posts, read 8,445,599 times
Reputation: 6777
Quote:
Originally Posted by NorasMom View Post
I normally would vote for more choice but I feel like this is a smoke and mirrors choice. Juries can be terrible but honestly so can judges. We have a constitutional right to a trial by jury; I really see no benefit to a defendant in waiving that...you can't go in assuming your jury will be bad. But, if you're a minority in certain areas, I feel it might be safe to say your fate should not be left up to one person. And I could see coercion happening as well.
I agree! After reading the amendment several times, I could have sworn I smelled a "fishy odor" coming off the screen.
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Old 10-30-2014, 06:53 PM
 
Location: The place where the road & the sky collide
23,809 posts, read 34,461,808 times
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Quote:
Originally Posted by TheEmissary View Post
I agree! After reading the amendment several times, I could have sworn I smelled a "fishy odor" coming off the screen.
You too, Emissary?
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Old 10-30-2014, 07:41 PM
 
Location: The 12th State
22,974 posts, read 65,292,087 times
Reputation: 15075
Tomorrow I am voting against mainly its the US constitution way and I been watching these side laws the last 4 years that will save the fracking industry from legigation and I see this could apply to them too if it passes.

Lets say and hope not a fracking fluid spill or improper disposal of the waste or even the new oil or the natural gas pipelines have a rupture which result in a lawsuit, and their lawyers request a bench trial and postpone the trial til a judge likely could rule in their favor. (This happen with me over traffic offenses in my 20's my attorney postpone my case til a judge who was more lenient.)
Traffic offense or property damage that trial by jury normally would be needed, are also in play if this amendment passes since it says all crime in the amendment.

The bottom line it states all criminal offenses and my be charge with something they are totally innocent of or guilty, the defendant has a right to trial by jury. This country was founded with this principle its stated in US Constitution.

Last edited by SunnyKayak; 10-30-2014 at 07:50 PM..
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Old 10-30-2014, 07:42 PM
 
12,573 posts, read 15,513,947 times
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Quote:
Originally Posted by RedZin View Post
There's no way I'd vote in favor of that.

Too easy for an unscrupulous judge or member of law enforcement to coerce a defendant into agreeing to waive their right to trial.

We already have the ability to simply plead guilty and shorten a trial. That's really all anyone needs.
A local news channel covered the proposed amendment earlier this week. I had no idea such an item was on the ballot.
........and I share the same feeling of your statement.
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Old 10-30-2014, 07:50 PM
 
12,573 posts, read 15,513,947 times
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Here's a link to the story:

Are You Ready To Change The NC Constitution?
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Old 10-30-2014, 08:20 PM
 
13,811 posts, read 27,323,732 times
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Quote:
Originally Posted by WFW&P View Post
From the article:
Quote:
"Right now, North Carolina is the only state that does not let someone choose a non-jury trial."
I don't know about you, but that is pretty telling. North Carolina must be smarter than the other 49 states...

I like some of the comments on here.

"I don't see a benefit to waiving that" (forcing their beliefs on others)

"the defendant has a right to trial by jury" (not realizing that this isn't doing away with that right, rights can be used or not used, ie 'right to bear arms')

"I honestly didn't understand it" (I wonder how many this applies to)

"I'm not comfortable leaving someone's fate up to one person" (more imposing, and clearly has no idea how this amendment would work)

Sometimes I weep for America in my sleep.

IMO this thread is a great example of how this law could help someone's chances in getting a fair trial.
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Old 10-31-2014, 03:59 AM
 
52,433 posts, read 26,404,710 times
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Quote:
Originally Posted by wheelsup View Post
....

IMO this thread is a great example of how this law could help someone's chances in getting a fair trial.
Best thing said in this topic.

Americans, especially modern day "progressive" thinkers, are the only people on the planet who gladly give up their rights to state control. i.e. they think "the state" knows whats best for you.
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Old 10-31-2014, 06:11 AM
 
Location: Durm
7,104 posts, read 11,547,888 times
Reputation: 8049
Quote:
Originally Posted by wheelsup View Post
From the article:


I don't know about you, but that is pretty telling. North Carolina must be smarter than the other 49 states...

I like some of the comments on here.

"I don't see a benefit to waiving that" (forcing their beliefs on others)

"the defendant has a right to trial by jury" (not realizing that this isn't doing away with that right, rights can be used or not used, ie 'right to bear arms')

"I honestly didn't understand it" (I wonder how many this applies to)

"I'm not comfortable leaving someone's fate up to one person" (more imposing, and clearly has no idea how this amendment would work)

Sometimes I weep for America in my sleep.

IMO this thread is a great example of how this law could help someone's chances in getting a fair trial.
Your post is also a good example of what happens when an action is left to one person. You made an assumption and quoted a small part of our posts. Shrug.
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