tag:blogger.com,1999:blog-6865007.post2727926882883948309..comments2023-11-05T00:59:10.828-07:00Comments on decorabilia: juveniles and due process rightsJim Andersonhttp://www.blogger.com/profile/09928624189124041120noreply@blogger.comBlogger8125tag:blogger.com,1999:blog-6865007.post-1123799476670381592011-02-13T17:14:47.961-08:002011-02-13T17:14:47.961-08:00That's a tough question. Juries err, certainly...That's a tough question. Juries err, certainly, but are they more likely to err than a judge? Especially when the trial is designed to present two sides in an adversarial system, with provision for the cross-examination of witnesses? <br /><br />I would focus more on the side effects of jury trials: public exposure, a complicated / confusing process that a juvenile might not fully comprehend, the greater pressure for a plea bargain, etc.Jim Andersonhttps://www.blogger.com/profile/09928624189124041120noreply@blogger.comtag:blogger.com,1999:blog-6865007.post-67655037573257277792011-02-13T12:19:09.946-08:002011-02-13T12:19:09.946-08:00Are there any released publications as to the inef...Are there any released publications as to the inefficiency of juries? I'd like to have a tangible statistic/or quote on hand so that I can attack my opponents claims that a 'jury is necessary.'Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6865007.post-8014756364809775652011-02-07T19:55:02.574-08:002011-02-07T19:55:02.574-08:00Due process--knowing the charges against you, obta...Due process--knowing the charges against you, obtaining counsel, cross-examining witnesses, etc.--is critical to prevent incorrect punishments, and to minimize arbitrariness and bias in the system (or, framed more positively, to ensure fairness).<br /><br />As for juries...<br /><br />1. Juries are a critical component of democracy, ensuring civic participation in the justice system, thus humanizing and legitimizing it.<br /><br />2. Juries also keep the State in check; they are a limit to its punitive power.Jim Andersonhttps://www.blogger.com/profile/09928624189124041120noreply@blogger.comtag:blogger.com,1999:blog-6865007.post-19534362896743117392011-02-06T22:35:12.276-08:002011-02-06T22:35:12.276-08:00umm not to be informal but this statement confused...umm not to be informal but this statement confused me<br />"It is at the disposition hearing that formal plans designed to meet the various needs of the youth, the family, and the community are initiated. It is also at this hearing that the judge or other hearing officer attempts to balance the "best interests" of the youth and the need for community safety. Judges and other quasi-judicial hearing officers often have great latitude and discretion in making dispositional decisions (p. 271)."<br />So is this saying that the juvenile system is better? Wait wait even before that what are the benefits to due process and a jury?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6865007.post-14182977806383406812011-02-02T16:01:53.509-08:002011-02-02T16:01:53.509-08:00Well, it could be an instance of an unfalsifiable ...Well, it could be an instance of an unfalsifiable argument (since it's self-referential), or it could be a rhetorical tactic--artful repetition to emphasize a point.<br /><br />Perhaps a little context would help me answer your question. How did the matter arise in the debate you participated in / witnessed?Jim Andersonhttps://www.blogger.com/profile/09928624189124041120noreply@blogger.comtag:blogger.com,1999:blog-6865007.post-41330406600423871292011-02-01T11:59:34.363-08:002011-02-01T11:59:34.363-08:00How does a tautology function in debate?How does a tautology function in debate?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6865007.post-67194149726962214912011-01-31T07:32:20.226-08:002011-01-31T07:32:20.226-08:001. Most of the rights are guaranteed; the problem ...1. Most of the rights are guaranteed; the problem in the JJ system isn't inherent, but of implementation. The key is that juveniles still ought to be treated separately / in a separate system.<br /><br />2. Especially when it comes to a trial by jury: it's a hugely stressful and confusing event. Juveniles can't assist with counsel or advocate for themselves, and don't deserve public scrutiny and humiliation (especially if innocent!).<br /><br />3. Punishment can't be excluded, because in the status quo, being charged as an adult most often means being punished as an adult.<br /><br />(#3 is the least direct, clash-wise, but perhaps the most common response I've heard, since many Neg cases are based on punishment.)Jim Andersonhttps://www.blogger.com/profile/09928624189124041120noreply@blogger.comtag:blogger.com,1999:blog-6865007.post-58260950247575527882011-01-30T21:33:06.820-08:002011-01-30T21:33:06.820-08:00What are some good analytical arguments Against Du...What are some good analytical arguments Against Due Process?Anonymousnoreply@blogger.com