Friday, May 21, 2010

In juries we trust?

Jaime Esparza, the El Paso County District Attorney, says he doesn't trust juries. In explaining why his office agreed to 10 years probation for a man on his 10th DWI conviction, Mr. Esparza said he didn't trust an El Paso jury to sentence the man to prison.

Mr. Esparza failed to mention, however, that the three individuals who were injured in the 1999 accident couldn't be located by authorities in 2003 at the time of trial.

Of course the district attorney doesn't trust juries. The jury system was created to take the power to convict away from the entity bringing the charges. The entire purpose of a jury is for representatives of a community to determine (1) if a crime took place, (2) whether the defendant is guilty of committing the crime and (3) the appropriate punishment. All three of these elements are in opposition to the state.

The very act of requesting a trial by jury is a challenge to the authority of the state. To put it more bluntly, requesting a trial by jury is a revolutionary act.

1 comment:

Thomas Hobbes said...

I thought it said "Injuries we Trust" . . .