In the book, for example, James outlines a loose mathematical system for judging a defendant’s guilt or innocence. Jury trials, he says, are “like a basketball game where nobody keeps score.” His solution—which he applies to the infamous 1893 trial of Lizzie Borden—is to break down each piece of evidence, judge its accuracy, and grade it using a predetermined point scale, with a total of 100 points needed to convict. Let’s say a defendant had a history of violence toward the victim; if proven, it would be worth 35 points. In the case of Borden, James claims it’s unclear whether she was violent—only that she despised her stepmother. So the evidence would earn only 12 points or so. (Borden’s final “score,” according to James, would be a mere 20—nowhere near enough to convict.)The problem, though, is that if you have a simple system like that it would be easy for criminals to add up the variables and calculate the likelihood of conviction and then take steps to reduce the likelyhood of their conviction, or they could frame people.
« Older Det. James Francis McNulty, jack of diamonds, prin... | "All of us in the environment ... Newer »
This thread has been archived and is closed to new comments
posted by chavenet at 6:57 AM on May 5, 2011 [4 favorites]