logoalt Hacker News

bonoboTPyesterday at 10:11 PM0 repliesview on HN

I once saw the livestream of jury selection in a big trial and read up on the whole thing and it seemed like such an obviously weak point of the whole process. The whole language around the concepts that underpin it seem totally ignorant of human psychology and pretend that humans are great at self reflection, won't hide their motivations etc. Like asking whether you're able to put aside X and Y from influencing your judgment, and if you say yes, that's good, if no, you're out.

Of course it's impossible to look into people's minds, but it's clear that the kludge is a result of historical push and pull of interests and a kind of truce and compromise they could arrive at that people still find convincing enough in the end, but also practical for the lawyers. Like, I understand this isn't easy, you don't one one highly qualified person dominate everyone else, even if just subconsciously. You want to encourage all jurors to feel that they have an equal input into the process. It's certainly not a system that's engineered for finding truth, and much more concerned with pretense in favor of the appearance of truth. A realist retort would be that pursuing a truth-finding system is only possible in utopia idealized situations, so going with the adversarial system is the best bet we have for getting some acceptable balanced compromise.