The problem with our system is the law itself.
Today the term republic still most commonly means a system of government which derives its power from the people rather than from another basis, such as heredity or divine right. This remains the primary definition of republic in most contexts.
Cultivating the public nature of trials, therefore, would reduce the social distance between lay citizen and legal domain, a distance that has enabled overly harsh sentencing policy over the last generation.
While the verdict of a single trial does not make policy, a pattern of verdicts regarding the same offense does. This pattern in itself is policy even if the relevant legislative or executive bodies do not react by changing the law or its application. Jury decisions in the aggregate can be seen as straightforward inputs to a policy process that incrementally adjusts to shifts in public opinion.
« Older "I would refuse to go to a homophobic heaven. No, ... | One Nation Under Elvis My own ... Newer »
This thread has been archived and is closed to new comments
Buy a Shirt