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Post-Conviction

Punishing juries with their jury deliberations can get it wrong with false convictions. They consist of people with a lack of understanding of how things work in the real world. At first we thought that this was some kind of "Modest Proposal" but after a little consideration we must - sadly – point to the fact that the person is serious. This can lead to a false conviction as well as poor jury selection. "the goal is not to get jurors to convict everyone they think is probably guilty; it’s to get them to convict everyone they think has been proved guilty beyond a reasonable doubt. But it’s easy to adjust incentives to get whatever results you want.

If there’s a general sense that juries are too quick to convict, we can either raise the penalty for a false conviction or lower the penalty for a false acquittal. If they’re too quick to acquit, do the opposite.

In fact, that’s one of the highlights of a good incentive system — it’s easily tweaked when you want it to work a little differently." Anyone who's tried a criminal (including DUI) case will quickly realize how bad an idea this is. By and large, judges do not come with a lot of experience from the criminal defense bar.

A large minority comes from the prosecutor's office with the natural tendencies that attach to someone from that background. Another group comes from the Attorney General's office where they have spent their career defending the government. A majority seem to come from civil lawyers with some fairly important political pull. The last two are often frightening in court as they lean heavily on the prosecutors to provide them with knowledge and understanding of criminal law.

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