Is court based on the law, or what 12 people think?

Question

Court...hehe i hope you don't go anytime soon!

My question is: What is justice? Is it the law, or is it in the minds of 12 random people?

What do you think?

Answer 1

Its all about lawyers and how well they can manipulate the jury. Why is it than two people cn commt the same crime but get different sentences?

Answer 2

Both.

The judge makes determinations of law. The jury (6 or 12 or however many) makes determinations of fact. Some court cases are resolved on factual issues. Some are resolved on legal issues.

Example: Let's say a statute makes it a crime to "knowingly keep rats within the city limits". Yes, it's a silly example, but one that doesn't have many political overtones.

A person is charged with this crime. He lives on the edge of town. He had mice living in his house. Both the defendant and the prosecutor agree to these facts.

As defense, the defendant asserts three things. First, he didn't know the rodents were there, so he did not act "knowingly". Second, the law says rats and these were mice.

Did he violate the statute. First, there is a question of fact regarding his mental state. After all the evidence is presented, the jury will determine as a matter of fact whether he acted "knowingly" or not. If not, then he would be acquitted since not all elements of the crime were met.

But even if he did act knowingly, there is also the question of law regarding the statute. It clearly says "rats" but he had "mice". Is that close enough? Should the judge be literal and rules as matter of law based on the plain text that the different species wasn't covered by the statute? Or rule on the intent of the statute and read between the lines to extend it to all wild rodents?

That is a question of law for the judge to decide. And on appeal, that question of law is reviewable. But the jury's factual determination regarding his mental state must be accepted by the appellate court as if it were proven true.

So, both facts and law matter, and each part of the process -- judge and jury -- have a role to play.

Answer 3

It is the jury that determines the law. The judge helps present the case to the jury and informs the jury of the law. The jury can choose as it pleases. For example, in a murder case, the law that has been broken is someone has committed murder. If someone is suppected of murder, the jury can find this person quilty for any reason. Say the jury decides because the convicted has black hair he is quilty, then the jury can find him quilty for having black hair. Ofcourse, this is kind of an extreme way to look at it, but the jury can make decisions based on whatever they want.

Answer 4

There is sooooo much that happens before a case makes it to a jury that yes, justice is the law. The jury hears the case according to the law and then decides whether or not the Defendant has broken the law.

And, the law says that you are to be judged by a jury of your peers so their deciding is part of the law.

Answer 5

It is law. Those 12 people are called members of the jury. The base their decision on facts/evidence and the law. They can't include their opinion when making a verdict.

Answer 6

Justice is the Law rightfully applied. If you don't believe it will be (and it won't) then you have a right to Trial by Jury. If the Jury decides to, it can find you 'not guilty' for any reason.

Answer 7

Courts in the USA are based on common law, such that someone who commits a crime should be treated the same as someone else who committed a similar crime in the past.

Answer 8

Justice is Just Ice,

As we have seen, a jury can be swayed

Answer 9

A jury picks their favorite lawyer.

Answer 10

In theory, if someone is on trial, there will be enough evidence to show that they did commit the crime.