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Thursday, July 7, 2011

Is it Time to Abandon the Jury System of the US?

Americans may not be prompted to ask this question as a reaction to the development in the Casey Anthony case, but outside of the US where the system is accusatorial or decision by a judge hearing a case, many who followed the case (of a mom allegedly killing her daughter) are shocked by the jury's verdict. Shock is shared by many Americans as well who condemn the decision as betraying the child's right to protection and justice by the state.

I don't think it's wise to leave the delicate task and obligation of determining the guilt or innocence of an accused, which could potentially send one to lethal injection, to a jury of people who aren't trained at making such determination?

Even as the parents (Caylee's grandparents) believed in their hearts that their narcissistic daughter (Caysey) murdered her own child, they're quietly happy by the decision. It's difficult enough to live through Caylee's loss. Where Casey's own loss would take them as a family is hard to contemplate. The grandfather having already attempted suicide in the midst of all these.

By a jury system, the people opt to be tried for infractions of law by other ordinary people constituted into a jury. Every registered voter forms part of a jury pool, and may be called upon by the court to serve when needed. Interviews and examination to determine impartiality as well as biases are conducted by both the defense and prosecution.

In this case, the defendant mom by all circumstantial evidence, which is all that's availing, is guilty by all sense of the word: she did not report her child missing for thirty-one days; she's out partying all those times; got a tattoo; competed at wet body dancing (whatever that means), lied about Caylee (the child) being kidnapped by her nanny, Zany Hernandez (she even got a name for her) which later on turned out to be imaginary; all these while her two-year old daughter was missing, or maybe because she knew she wasn't missing at all.

It was not until the grandmother's frantic 911 call that the police stepped in to do an investigation and set the whole trial in motion. Detectives found out search entries on the family computer on chloroform (deadly substance) 84 times she searched on the subject, searches also on how to break a child's neck. They also found traces of chloroform was found in the trunk of her car which stank of decomposing dead body.

Then the jury acquitted her, and not one of them wanted to give any explanation on how they arrived at the decision. This would make the rest of the world even more bewildered by the jury system.

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