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360 points namlem | 1 comments | | HN request time: 0s | source
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like_any_other ◴[] No.44571164[source]
> Juries, widely trusted to impartially deliver justice, are the most familiar instance.

Trusted by those that have not looked into whether this is actually the case. The first prime minister of Singapore, Lee Kuan Yew, was famously against trial by jury, because of how easily lawyers can abuse biases in multiracial societies, based on his first-hand experience [1].

A UK study found his experience is the norm, not the exception - Black and minority ethnic (BME) jurors vote guilty 73% of the time against White defendants, but only 24% of the time against BME defendants [2]. (White jurors vote 39% and 32% for convicting White and BME defendants, respectively. You read that correctly - Whites are also biased against other Whites, but to a much lesser degree)

Edit: To answer what is the alternative to juries: Not all countries use juries, in some the decision is up to the judge, and in some, like France, they use a mixed system of judges and jurors on a panel [3]. The French system would be my personal preference, with the classic jury system coming in second, despite my jury-critical post. Like democracy, it's perhaps the least bad system that we have, but we shouldn't be under any illusions about how impartial and perceptive a group of 12 people selected at random is.

[1] https://postcolonialweb.org/singapore/government/leekuanyew/...

[2] https://www.ucl.ac.uk/judicial-institute/sites/judicial-inst... - page 165 (182 by pdf reader numbering), figure 6.4

[3] https://en.wikipedia.org/wiki/Jury

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digitalPhonix ◴[] No.44571429[source]
That statistic could also be the result of excessive prosecution against black/minorities and not necessarily just jury bias. (Which would also explain the white bias against whites)
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like_any_other ◴[] No.44571673[source]
A universal counterargument that works on any data. But unlikely to be true, given that the UK sentenced a BME perpetrator to a short 2 years for one-punch-killing an 82-year-old veteran [1], while "threatening gestures" at police and chanting "who the f- is Allah" earn the White perpetrator 18 months in prison [2], and merely being present at a protest, while not engaging in any violence, earns 32 months in prison [3].

We also have to ask - if the biases in that study were flipped, if White jurors were far more likely to convict BME defendants, and pardon White defendants, and BME jurors were the more even-handed ones, would this not be trumpeted as conclusive evidence of racism?

[1] https://www.bbc.com/news/uk-england-derbyshire-66959198

[2] https://www.newhamrecorder.co.uk/news/24515551.london-disord...

[3] https://www.theguardian.com/uk-news/article/2024/aug/08/pens...

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drdaeman ◴[] No.44571851[source]
I’m curious, had any legislatures tried blinded trials, where judges and/or juries don’t see the litigants, don’t know their names or location details, and otherwise only have access to the information on a need-to-know basis?

Sort of like how removing names, ages and photos from resumes removes demographic biases and makes one focus on the actual skillset.

(I’m not sure if this is a good idea, merely wondering if it was tried.)

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1. NoMoreNicksLeft ◴[] No.44582448[source]
There is a belief that one can accurately determine guilt by looking at someone's face, seeing their body language, and hearing them speak. I myself sometimes think this is true.

But the truth of the matter is that in the United States at least, this is all irrelevant. No one gets a trial anymore, not in practice. Everything is plea bargain. Between 95 and 99 out of 100 cases is resolved in that manner, and the common opinion is that there is no capacity to give anyone trials at all.