Linked by Thom Holwerda on Tue 18th Dec 2012 14:31 UTC
Legal Lots of news about Apple vs. Samsung (and vice versa) in both the US and Europe today. In the US, judge Koh dealth two blows: one to Samsung (no retrial based on juror misconduct), the other to Apple (no permanent sales ban). In Europe, in the meantime, Samsung announced it will cease all lawsuits injunction requests against Apple... But only in Europe.
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RE[4]: Jury qualifications?
by stestagg on Wed 19th Dec 2012 13:04 UTC in reply to "RE[3]: Jury qualifications?"
stestagg
Member since:
2006-06-03

You're right, in principal.

Unfortunately, the one thing that jury trials are very good at defending against is corruption and institutional unfairness.

Juries are not perfect, by any means, but without a judicial system that has public engagement, and can be trusted by even the type of person who makes up a usual jury, it's hard to be able to rely on in to be fair.

In this case, I would argue against a jury trial, the matters being decided are too abstract* for untrained people to appreciate, but for normal cases, jury trials are like democracy.. shit, but less shit than the alternatives.

* legal abstractions, not conceptual abstractions

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