Wednesday, April 13, 2011

Jury Duty and Experts

Dear insansapinas,
Not  all those who are called are chosen to sit for a jury duty. The candidates are made to answer questionnaire to assess their biases towards some issues related to the trial.

Many if not the majority would answer questions which would disqualify them from becoming a  juror.
From their responses, the lawyers eliminate those who have extreme views about the case being tried like a case of abortion--the jurors should not be prejudiced to the side which would be to the disadvantage
of the suspect like they are almost judging him without  the case being heard first. Racism is also a reason for elimination.

In the selection of jurors for a Mafia case, a woman wrote that she least admired the Africans-Americans, Hispanics and Haitians because they are always in the news doing something.
She also said that all cops are lazy.

The judge did not find this amusing.He penalized the woman by requiring her to serve indefinitely as juror.Alam ba ninyo kung magkano ang bayad sa juror, kung hindi sila bayad ng employer. Kulang pang pangbili ng isang mumurahing sapatos sa Payless.

What I want to know is, applicable ba ito sa Pilipinas na ang accuser ay pwedeng maging witness kahit na mayroon na siyang preconceived opinion sa kasong idineklara na niyang child abuse kahit wala pa siyang direct investigation?

So sue me, if I cite Law and Order and Criminal Minds. Their profiling is not admissible in court. For them to help in the pursuit of the case, they should have interviewed the subject and they should have been recognized in the field of expertise. This means, experts should have several published books, articles,  and papers and their expert testimony should be supported  scientifically. As one paper on child abuse declared. " The fact that a child exhibits  abuse  does not increase the likelihood that the child was abused." Even  forensic experts have to examine the bodies and evidence before they can tell the COD(cause of death) and other pertinent information that may be the basis of the arguments of both parties--the accused and the defense. The years of experience do not guarantee a correct assessment. It is a shame that experts would rely on the evidence that could have been tampered, enhanced or contaminated.

Naku Willie case na naman. Pasensiya na ang sarap kasing sumawsaw sa toyo. Lalo pag toyo ng iba. Pahingi nga ng  kalamansi.



biyay said...

pwede kung sa pwede pero yung weight ng evidence nya, medyo mahina tapos pwede pang ground for objection yung la naman sya personal knowledge

cathy said...

thank you. ngayon may magdedemanda naman daw na bloggers base doon sa video na yon.