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The Jury System is a cornerstone of justice and liberty. However, they are also controversial. On the one hand, there are those who see the jury system as an integral part of a free and impartial justice system. On the other hand, there are those who doubt the jury’s ability to deliver fair and honest verdicts.
Let’s start with the obvious fact that juries are far from perfect. They are imperfect because the people who make them up are imperfect. Ignorance is one major problem. Opponents of the jury system argue, with some justification, that it is too dangerous to place the fate of another human being in the hands of people incapable of understanding the complexities of the cases they are judging. Often those tasked with deciding the outcome of cases lack the technical or legal knowledge to adequately interpret the evidence and testimony being presented to them. It has been suggested that in these cases individual jurors will often resort to pre-conceived beliefs or allow themselves to be influenced by jurors with more knowledge – whether real or perceived – than they have.
Ignorance, however, is an easily solved problem. Why not select jury members based on their familiarity with the subject matters under discussion? Someone who works in the finance industry – bankers, financial advisors, accountants, and so forth – would be more equipped to judge financial-based crimes than the layperson.
Then there’s the question of who can sit on a jury. In the United Kingdom an individual needs to be aged between eighteen and seventy, have been a resident of the UK for at least five years since the age of thirteen, and must be mentally stable to serve on a jury. It would more than reasonable to suggest that qualifications for jury duty ought to be more stringent than they are. It is more than reasonable to suggest that the age limit ought to be raised from eighteen to perhaps twenty-five (if not older) and that jurors under the age of forty ought to have certain intellectual qualifications. This would ensure that those tasked with determining guilt or innocence would have the wisdom and/or intelligence to comprehend the grave nature of the responsibility they have been burdened with.
Those who criticise juries also argue that they are prone to bias and prejudice. In one shocking case, Kasim Davey was jailed for contempt when he boasted: “I wasn’t expecting to be in a jury deciding a paedophile’s fate. I’ve always wanted to fuck up a paedophile and now I’m within the law.” (Seemingly it never occurred to Mr. Davey that the man he was judging may have been innocent). Likewise, it is well known that many African American defendants were condemned by all-white juries in the Jim Crow South.
However, much of this is a red-herring. Professor Cheryl Thomas, the director of the Jury Program at University College of London, spent ten years analysing every jury verdict in England and Wales taking into account the race and gender of both defendants and jurors. Professor Thomas concluded that:
“There’s no evidence of systematic bias, for instance, against members of ethnic minorities, or that men are treated differently than women, that if you live in a particular part of the country or you have a certain background that you’re more likely to be convicted than others.”
Besides, those who criticise the jury system forget that juries reflect the values and principles of their society. If juries repeatedly deliver unjust verdicts it is because there is a sickness in that society. The fact that all-white juries tended to convict African American defendants merely because they were black is a reflection on the virulently racist nature of that society, not of the jury system itself. Today, the legal system is careful to disqualify those jurors who may harbour prejudices that will inhibit their ability to judge the facts impartially. Courts are very quick to disqualify jurors who may know the defendant or alleged victim, those with emotional links to the case (i.e. a victim of rape sitting on the jury of a rape trial), and so forth.
Lord Devlin, the second-youngest man to be appointed to the English High Court in the 20th century, once described the jury system as “the lamp which shows where freedom lives.” The principle behind juries is that the individual ought to be judged by his peers based on community standards, not by the politically elite. Without juries, our legal system would be dominated by judges and lawyers. What lies at the centre of the debate over juries is the question of whether the whole of society or just the elite should be involved in the dispensation of justice.
(This is derived from an old essay I wrote for university)
The size of government is an important yet seldom discussed issue. This is a peculiar phenomenon as the size of government is integral to our freedom. When government power is not limited those with power are able to encroach upon the freedoms of the people. However, when the powers of government are limited people are able to live in peace, freedom, and prosperity.
The Age of Enlightenment (c. 1685 – c. 1815) represents a period in history where the principles of the old world were replaced by new ideals. It was during the Enlightenment that the concepts of modern democracy (democracy originated with the Ancient Greeks, albeit in a rather primitive form), liberty, and inalienable rights began to emerge. One of its key concepts, limited government, came about during the High Enlightenment (c. 1730 – 1780). The English philosopher John Locke (1632 – 1704), perhaps the greatest defender of limited government, believed civil power should be derived from individual autonomy and that the separation of powers was necessary to protect people from tyranny.
Limited government works on the idea that governments should have a little interference in people’s lives as possible. Supporters of small government believe that big government destroys human creativity and innovation because. As the Austro-Hungarian philosopher, Friedrich Hayek (1899 – 1992) stated: “the more the state plans, the more difficult planning becomes for the individual”. Numerous supporters of democracy and liberty had held limited government as an important, and necessary, ideal. The American statesmen, founding father, and President, James Madison (1751 – 1836) sought institutions which would limit the scope of government and give more rights to the individual. Similarly, the Australian Prime Minister, Malcolm Fraser (1930 – 2015) argued that “the power of the state should be limited and contained”.
In no other area is this been clearer than the economy. The economist, Adam Smith (1723 – 1790) argued that regulations on commerce are not only ill-founded but also counter-productive as countries depend on capital accumulation . According to James Madison, guarding persons and property would: “encourage industry by securing the enjoyment of its fruits.” Nations with small governments create their own fortune by allowing the people to participate freely in the marketplace.
Small government makes them master of their own destinies rather than making the government master of them. The people should never forget, as Ronal Reagan put it, “we the people are the driver, the government is the car.” Only small government can continue to survive into the future, only small government can protect the rights of the individual, and only small government celebrates human achievement. This is why small government matters.
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A heated exchange between Trump advisor Stephen Miller and CNN speech-giver Jim Acosta over the Trump Administration’s new immigration policy has illustrated the implicit bias and ignorance of the mainstream media.
The exchange began when Acosta quoted the poem on the Statue of Liberty. The poem, Emma Lazarus’ “the New Colossus”, goes:
Not like the brazen giant of Greek fame,
With conquering limbs astride from land to land;
Here at our sea-washed, sunset gates shall stand
A mighty woman with a torch, whose flame
Is the imprisoned lightning, and her name
MOTHER OF EXILES. From her beacon-hand
Glows world-wide welcome; her mild eyes command
The air-bridged harbour that twin cities frame.
“Keep, ancient lands, your storied pomp!” cries she
With silent lips. “Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tost to me,
I lift my lamp beside the golden door!”
“The Statue of Liberty has always been a beacon of hope to the world for people to send their people to this country, and they’re not always going to speak English Stephen, they’re not always going to be highly skilled.”
Miller responded by correctly pointing out that the poem had been added to the base of the Statue of Liberty in 1903 – two decades after it had been installed, and reminded Acosta that the poem had never encapsulated US immigration policy. He then went on to challenge Acosta on the supposed principle encapsulated by the poem:
“In 1990s, when we let in half a million people a year, was that violating or not violating the law of the land? Tell me what years meet Jim Acosta’s definition of the Statue of Liberty per law of the land. You’re saying a million a year is the Statue of Liberty number — 900,000 violates, 800,000 violates it.”
Acosta then changed tactics by suggesting that the requirement for immigrants to speak English was racist, arguing that it would “only bring in people from Britain and Australia.” Miller responded by accusing Acosta of having a ‘cosmopolitan bias‘:
“Jim, I just got to say, I am shocked by your statement, that you think that only people from Great Britain and Australia would know English. It reveals your cosmopolitan bias to a shocking degree that in your mind … this is an amazing moment … that you think that only people from Great Britain and Australia would speak English is so insulting to millions of hardworking immigrants that do speak English from all over the world.”
Jim Acosta has claimed victory over Stephen Miller, commenting: “I think what you just saw in the briefing room is that he [Miller] really just couldn’t take that kind of heat and exploded before our eyes.”
However, it was Stephen Miller that won the argument. Miller remained calm, used arguments that required reason and evidence, and called out Acosta’s biases and ignorance at the appropriate moments. Miller argued using facts, Acosta argued using emotions. In the end, it is Acosta, and by extension the left-wing media, that have been shamed.