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Article #947Re: Say it ain't so
From: Daniel Simon
Date: Sat, 19 Dec 1992 08:14
Date: Sat, 19 Dec 1992 08:14
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In article <1992Dec13.052718.17314@Princeton.EDU> niepornt@phoenix.Princeton.EDU (David Marc Nieporent) writes: >In article <12088@ncratl.AtlantaGA.NCR.COM> mwilson@ncratl.AtlantaGA.NCR.COM (Mark Wilson) writes: >>In <1992Dec4.222026.3727@Princeton.EDU> niepornt@phoenix.Princeton.EDU (David Marc Nieporent) writes: >>|In article <1992Dec3.015949.22567@bony1.bony.com> jake@bony1.bony.com (Jake Livni) writes: > >>|>What makes you think that the jury is so perfect, clever and immune to >>|>manipulation? > >>|Nothing, but I'd be at least as inclined to trust their opinion, given >>|that they were actually in the courtroom, as yours. > >>Did you happen to feel the same way about the jury in the Rodney King case? > >That I'd be at least as inclined to trust their opinion as Jake's? Yes. > >But seriously, the parallel doesn't hold. In the RK case, the act was >on tape. There was no question as to whether they had done it; they >didn't deny it. The question was whether it was justified. (Not to >mention that I watched most of the trial on Court TV.) > >In the Crown Heights case, there wasn't (incontrovertible) proof that >Nelson had committed the murder. There certainly was a question (in the defendants' minds, at least, and in the end, in the jury's as well) as to whether the police officers who beat Rodney King had "done it" (ie., committed the crime of assault). That they had admitted to the actual beating is no more significant than the fact that Lemrick Nelson admitted to being somewhere in the vicinity during the Rosenbaum murder; neither admission had much relevance to the real issues facing the respective juries as they determined their verdicts. While the infamous videotape in the "King" case was certainly incontrovertible evidence that a beating had taken place, its persuasiveness as evidence of actual criminality (as opposed to the "permissible" use of force) appears to have been roughly equal to that of the blood-stained knife and victim's identification in the "Rosenbaum" case--more than sufficient to convince the public, but not quite enough to move the jury to convict. Yet Mr. Nieporent has expressed confidence in the judgment of the "Rosenbaum" jury, while at the same time openly doubting the wisdom of the (strikingly similar) "King" decision. His immaterial reference to the King beating being "on tape" hardly explains this disturbing incongruity in his views. "Que dites vous? C'est inutile? Je le sais! Daniel R. Simon Mais on ne se bat pas dans l'espoir du succe`s!" simon@iro.umontreal.ca -Rostand
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Path: arc1-ca.pugleaf.net!sparky!uunet!noc.near.net!hri.com!spool.mu.edu!olivea!charnel!sifon!CC.UMontreal.CA!IRO.UMontreal.CA!saguenay.iro.umontreal.ca!simon From: simon@saguenay.iro.umontreal.ca (Daniel Simon) Newsgroups: misc.headlines,talk.politics.misc,misc.legal Subject: Re: Say it ain't so Message-ID: <1992Dec19.081442.24189@IRO.UMontreal.CA> Date: 19 Dec 92 08:14:42 GMT References: <1992Dec4.222026.3727@Princeton.EDU> <12088@ncratl.AtlantaGA.NCR.COM> <1992Dec13.052718.17314@Princeton.EDU> Sender: news@IRO.UMontreal.CA Organization: Universite de Montreal, Canada Lines: 47