Jury

In the American system, a jury is not supposed to be some kind of logical supercomputer determining “the truth.” It is designed to be a final check on absolute government power. Reflecting whether “guilt” has been proved. Inevitably, determining “guilt” also requires a wider and hopefully balanced (12 citizens’ minds) view of the particular law itself. 

In spite of the best efforts of lawyers, laws can be ambiguous things, often related to implied intent. The act of someone hitting another person on the head with a hammer may be completely illegal. But if it is an accident at a workplace? The worst efforts of lawyers create laws that are a mess to begin with. 

In the United States at this time, laws must be passed by appropriate legislative bodies. They must survive court tests to be sure they fit within an accepted (weasel word) interpretation of constitutional limits. All well and good. The majority of “cut and dried” crimes are resolved by plea bargain or dismissal well before a jury is convened. 

At that stage the real purpose of any jury is to provide a measure of empathetic common sense reflecting the social agreements as they actually exist. Determining guilt is a satisfying means to this end. It is the final arbitration which a prosecutor or judge should not overrule. It may be wrong in “truth” but surprisingly often is absolutely correct in “guilt.” 

Instructing jurors that they are logical computers rather than intelligent citizens is a disservice to all the US stands for.