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SEEKONK, MASSACHUSETTS, United States

Monday, October 3, 2016

FEATURE ARTICLES. UNDERSTANDING THE JURY SYSTEM? PART 2.

Jury, Score, Competition, Judge, Card
As we have seen in the News the past Week, Demonstrations have turned violent in the wake of the Grand Jury decisions in Missouri and New York.

Unlike Peaceful and Thoughtful Demonstrations to make the Public aware of Their belief in the Injustice of both failures to Indict either Police Officer, these Actions only served to Polarize more of the U.S., by directing Destruction against those who had done them no Harm.  Further, Demonizing everyone wearing a Badge is Foolish and Counterproductive.

Besides, it accomplishes Nothing.  I don't Understand what possible Good it does to Direct Anger against those who may actually support your point of you. Further, do you Think such Violent Activities are going to persuade Your Opponents to Change Their Mind? 

Even Worse, it ignores the Problem they perceive to be present in the Criminal Justice System, as it Pertains to Minority Groups in the United States.

However, lets get back to the Problem at Hand, and try to Understand the Jury System as it is Currently Applied.

As I pointed out in Part 1, a Jury doesn't have to Issue any Reason for its Decision, be it a Grand Jury, Trail Jury etc.  Yet that Decision is not set in Stone as the Final Word in the Matter, at least not in every case.


This Leads us to Point #3.
Unlike a Criminal Trial by Jury, where a Not Guilty Verdict RESULTS IN THE APPLICATION OF DOUBLE JEOPARDY, A FAILURE TO INDICT IS NOT AN ACQUITTAL.  THE PROSECUTION MAY CONVENE A SECOND GRAND JURY IF, IN ITS OPINION, NEW EVIDENCE WILL BRING ABOUT AN INDICTMENT.

In Fact, even an Acquittal in a Jury Trial may not end the Legal Troubles of the Accused or Defendant.  For the Time Being, let us set aside the Recent Controversies, and take a look at History.

It is a Sad and Disturbing part of American History that Crimes Directed Against Minority Groups, were often Ignored and Given little notice by Officials Charged with protecting All of its Citizens. Racial Discrimination against African- Americans, Native Americans and Immigrants from Japan , China and other parts of Asia often meant little protection from Criminal Activities, especially if the Accusation was against a member of the Privileged Class. (Determined by Skin Color or Physical Characteristics.)
SEE PT 3.

Date-  12/10/2014.

FEATURE ARTICLES. UNDERSTANDING THE JURY SYSTEM? PART 1.


Courtroom, Benches, Seats, Law, Justice
This Article could easily have been included on the CRIME AND PUNISHMENT PAGE, or even in the LOGIC CATEGORY.  

The Latest Decisions not to Indict Two Police Officers, in separate incidents...

-  The Shooting Death in Ferguson, Missouri.

-  The Choking Case in New York City.

...Has again Highlighted the Criminal Justice System in the U.S., and the question of Unequal Treatment before the Law for Minority Groups.  Both resulted in the Deaths of Two Black Males, in connection with actions committed by Police Officers.


As usual, SOME MEDIA MEMBERS, POLITICIANS, AND SOCIAL COMMENTATORS are again ignoring what is important, and FOCUSING ON SOUND BITES.

HOWEVER, lets see if we can actually find some answers by Thinking for Ourselves, and Ignoring what is on TV, RADIO, AND THE INTERNET.

Before making any Judgment about the RESPONSIBILITY OF THOSE INVOLVED IN EITHER CASE, YOU MUST UNDERSTAND THE NATURE OF THE JURY SYSTEM. WHY?

BECAUSE THE FAILURE TO:

INDICT OR NOT INDICT 

CONVICT OR ACQUIT. 

HOLD RESPONSIBLE OR FIND BLAMELESS.

IS THE RESULT OF A DECISION MADE ORDINARY AMERICAN CITIZENS, WHO MAY OR MAY NOT BE APPLYING THE LAW CORRECTLY.

Point #1-  A Juries Decision need not be justified to anyone sitting outside the Box.
If there are are no Improper Inducements or Illegalities, such as Bribery or Blackmail, a Juries decision is almost always held to be Legally Valid.

Remember, in a Trial Setting, the Jury is instructed by the Presiding Judge, as to Matters of Law.  Their Decision is to apply the Instructions to the Case at Hand.  

A Grand Jury, however , IS NOT DECIDING ON THE GUILT OR INNOCENCE OF ANYONE. THEY MUST DECIDE IF A CRIME HAS BEEN COMMITTED, AND IF THE EVIDENCE PRESENTED BY THE PROSECUTION COULD RESULT IN A CONVICTION.

HOWEVER, THE JURY, IN EITHER SITUATION, NEED NOT EXPLAIN THEIR REASONING TO ANYONE.  THEY ARE UNDER NO OBLIGATION TO DO SO.

This leads us to Point #2-  The Verdict in a Jury Trial, or the Decision to Indict, often will be the result of the LEGAL INSTRUCTIONS GIVEN BY THE JUDGE OR PROSECUTION. HOWEVER, IF THEY ARE FOLLOWED, IGNORED, OR EVEN IMPROPER MAY NEVER BE KNOWN OUTSIDE THE JURY ROOM.

Further, the DECISION OF THE JURY MAY BE BASED ON THE COMPETENCE OR PERFORMANCE OF THOSE PRESENTING EVIDENCE OR TESTIMONY BEFORE THE COURT.

This leads into a Concept that Many just Refuse to Accept:

YOU CANNOT CONCLUDE THAT ANY JURY DECISION IS EITHER RIGHT OR WRONG,  IF YOU FOCUS ON ONLY ONE ELEMENT OF THE PROCESS. DOING THIS MAY EXCLUDE FACTORS THAT HAD INFLUENCE ON THE FINAL RESULT. 
SEE PT 2

FEATURE ARTICLES. WHAT PROGRESSIVES MUST LEARN. PT 5.

Photo Montage, Faces, Photo Album, World

Evaluating the different points from Part 4, about what Progressives can do to Succeed in Electing Candidates who believe in the same Principles of Government, including the Responsibilities and Duties it has to its Citizens.

#1-  Acknowledge that the Selfish, Self-Centered, and Dishonest also Vote, so Quit trying to Win over everyone through Fear of Confrontation.

This is another Bizarre Tradition that has often puzzled me:  Those who Classify anyone receiving Government Aid to help Alleviate the Symptoms of Poverty as Thriftless, Lazy, and Crooked,  AND ARE ALLOWED TO GET AWAY WITH IT VIRTUALLY UNCHALLENGED.

There are no Valid Grounds, Based in Reality, that indicate that this is a Common Occurrence.  In Fact, there is no Evidence that this has ever been the case, and those who push this line of Reasoning offer nothing but Innuendo and Unsupported/Fictional Statistics and Documentation. 

Why Progressives, and Their Supporters, Fail to Challenge this Unfounded and Mean Spirited Attack against Millions of Americans is Shameful.

Instead of Realizing that these Assaults on the Integrity of the Less Fortunate are OFTEN JUST SMOKESCREENS to Cover- Up Financial Policies that Benefit Wealthier Americans, many Progressives Passively Accept these Heinous Accusations without a fight.

GUESS WHAT PROGRESSIVES-  SELFISH AND SELF-CENTERED ARE NOT ATTRIBUTES FOUND JUST AMONG THE POOR.  WHEN DISCUSSING BUDGET ITEMS, LOOK WHERE THE REAL MONEY IS BEING SPENT, OR NOT BEING COLLECTED.  IS ALLOWING PART OF YOUR CONSTITUENCY TO BE  VILIFIED FOR NO GOOD REASON, THE WAY TO GET ELECTED?

Date-  1/4/2015.

FEATURE ARTICLES. WHAT PROGRESSIVES MUST LEARN. PT 4.

Statue Of Liberty, Usa, Liberty, America
























So what should Progressives, Liberals , and other Groups that believe Government has a Moral Responsibility to Aid those in need, do to Change the Opinions of those who Vote Against them?

#1-  Acknowledge that the Selfish, Self-Centered, and Dishonest also Vote, so Quit trying to Win over everyone through Fear of Confrontation.

#2-  Stop Allowing Republicans and Tea- Party Candidates to Hijack the Moral High Ground, when its
Media Campaign is Transparent, and Easily Refuted.   

#3-  By the Almost Incredible Inability to Stand Up to the Outright Lies and Misrepresentations that
are Thrown Around come Election Time, regarding Programs that Help the Poor and Disadvantaged.

#4-  When Statistics are Trotted Out about possible Fraudulent Activities in Social Programs, Research and Demand the Sources for such Claims, and Contrast Them with them with  Public Funds Lost Through; 

-  Corporate Bailouts. 

-  Tax Breaks that do not, or are not required
to Benefit the Taxpayer.

-  Funds Acquired Through Government Contracts,
that are Shifted to Foreign Markets with no Positive
Affects on the U.S. Economy.

-  Refusing to Raise Wages to a Minimal Level, which
Encourages Self- Sufficiency, and Decreases the 
Need for Government Aid.

... Other Policies that Push an Agenda that
Benefits a Narrow Set of American Citizens.  


#5-  Point Out to Voters, who have Benefited from 
Programs Instituted by the Progressive Agenda, that
what has been Won by Voting, can be Lost or Unfunded
by Not Voting.


These Points will be covered Individually in Future Posts.

Date-  12/25/2014.