dtownral Suspended 26632 Posts user info edit post |
Quote : | "As an publicly known atheist, maybe I don't want a jury trial in NC." |
this is proposing a reason and not saying "why not"4/17/2014 2:48:14 PM |
disco_stu All American 7436 Posts user info edit post |
Depending on the judge, I think if I were in that position I'd take my chances with someone learned in the law taking that into consideration rather than 12 rubes from whatever county I'm being tried in.
Quote : | "this is proposing a reason and not saying "why not"" |
Is it unreasonable to scrutinize the benefits and detriments of change and conclude a change is warranted if the benefits outweigh the detriments?
[Edited on April 17, 2014 at 3:01 PM. Reason : .]4/17/2014 2:59:47 PM |
dtownral Suspended 26632 Posts user info edit post |
no, that's exactly what you should do. some people seemed to just be saying "i don't see a problem with it" as if that is a reasonable justification. 4/17/2014 3:04:28 PM |
puck_it All American 15446 Posts user info edit post |
People waive their right to counsel, after being mirandized. But that never seems to be an issue...
But making a decision with an informed attorney suddenly is? 4/17/2014 9:42:40 PM |
GoldieO All American 1801 Posts user info edit post |
True, people waive their rights all the time, and it is often an issue. People are pressured into waiving their right to silence or their right to counsel by law enforcement and the resulting evidence is often used against them in court.
And that's the problem I'm attempting to remedy in the statutory language - as it's written, the consent of a defense attorney is not required before a defendant can waive their right to a jury trial. 4/18/2014 7:57:50 AM |
dtownral Suspended 26632 Posts user info edit post |
^^ saying "why not?" isn't a reason to do something. If you wanted to change Miranda rights you would also need a reason. 4/18/2014 8:37:48 AM |
Smath74 All American 93278 Posts user info edit post |
Why is dtownral so viciously opposed to something he clearly knows little about? 4/18/2014 3:43:46 PM |
dtownral Suspended 26632 Posts user info edit post |
i think you may be confusing me with another poster, i don't think i have made any posts opposed to this. i can't make a personal decision about this until i hear a reason for it. 4/18/2014 3:47:44 PM |