How would you change the US Judicial System?

[Ting]

Poof! You're the boss of it!
Now get to work!



1) Should trials focus on a particular act on a particular date against a particular victim?
Or general opinion of an individual's general behavior, character, and whether he shares your values?

2) Should guilt or innocence be decided by a jury, a judge, panel of judges, community-wide referendum, or other method?

3) Do you prefer a presumption of innocence, with the burden on the state to prove guilt beyond a reasonable doubt, or presumption of guilt, with burden on the accused to prove his innocence beyond a reasonable doubt? Is your preference the same if you are the accused?

4) Should evidence be necessary? What about when there is a general consensus in the community that the person is guilty?

5) How much weight would you give to factual innocence as opposed to procedural correctness?

6) Which is more important to you: Identifying the specific person who committed a particular crime, or sending a message to the community at large that all crime is unacceptable and will not be tolerated?

7) Should people who are accused of crimes be allowed to have lawyers?

Should the state always follow due process and file charges against individuals or should they have the option, at their discretion, to simply detain individuals indefinitely?

Should the judicial system, for example the elements mentioned in the preceding questions, be the same for all defendants and all charges?
When should exceptions be made? Who should decide this?

[Lausa]

Ooof, you said the magic words.  

1`.  Trials should focus on a particular act on a particular date against a  particular victim.  Yeah, even when it means creeps like OJ and Michael Jackson walk.

2.  Hmmm….sometimes I despair of ever finding a jury of my peers, should I need such a thing,, here in Mobile, AL.  I sometimes feel like a stranger in a strange land, even though I’m a native.  A single judge can be bought.  A panel of judges is an idea with some virtue in it.  Community=wide referendum leaves us vulnerable to Salem Witch Trail mentaility.  So, I vote for the panel of judges.  I’ll have to ponder what other possibilities there might be.  In the best of all possible worlds, we’d have a truth closet…you’d be put in and what ever came out of your mouth would have to be the truth.  Not happening.

3.  First option, hands down:  presumption of innocence with the burden on the state to prove guilty beyond a reasonable doubt.

4.  Ideally, yes, evidence should be necessary.  SOME sort of evidence.  Even if it's just circumstantial.  

5.  My natural inclination is for factual innocence, but without procedural correctness, law as a system wouldn’t work.

6.  Both are important, but certainly hope the second option is successful, no matter what the outcome of a trial.  In that sense, public opinion does matter.  I’m not sure some sort of “shunning” wouldn’t be in order.  

7.  Yes, the accused certainly gets to have a lawyer!

8.  Think I’ll go with due process and charges, although I’ll be thinking about the Dutch system for a while.  It too has some merit.

9.  Well, you saved the best for last.  My response is yes, all get equal treatment before the law.  When you start making exceptions, where do you stop?  Shoot, if they can go after dear old Martha Stewart, who could be exempt.

I decided not to inundate you with the other two dozen or so things that would change if I were the boss of the world!

Now, off to read the NYT.

[SoFL]

I agree pretty much with the last response. I DO like the fact that Aruban authorities can pick up a suspect without real probable cause, but do think you need more than someone's hearsay to do that.  When the two security guards were picked up it is my understanding that was entirely based on the 3 'wonder boys' allegations.  And yet, they don't have enough evidence to hold PVDS or SC, who both have lied to authorities.  PVDS stated he was asleep and never heard JVDS come home later that night after sneaking out and yet the attorney said there was evidence of phone calls to the house.  Someone also said JVDS TM'd the Kalpoe's saying he now didn't need a ride home.  SC's story got messed up when the Kalpoes abandoned the first story.  I would think telling lies to authorities should be enough to hold them.  The two guards were held longer than 48 hours based on the 3 boys'allegations and they didn't even change their story or lie.  Class profiling?

I would like to know if when the 5 suspects were in court today and the judge from Curacao reviewed and questioned each individual case/suspect, was that done in a separate room or open courtroom with ALL the suspects and their lawyers?  I would hope they were reviewed individually in a closed separate room otherwise future police interrogation is going to be compromised.  

My other question/comment has to do with PVDS agreeing to 'take the stand' should it come to that.  Apparently this is not done under oath so fabrication and perjury goes unpunished (?).  Also, as an officer of the court for him to refuse would be a black eye for him and his legal career.  There appears to be no motivation to tell the truth (no polygraph, no oath, etc.).  Also, as an American, it appears that if this whole scenario occurred involving a poor, unattractive girl from a third world country visiting Aruba, everyone on the island would go on about their business and just leave everything up to the LE.  It seems to be viewed abnormal (or American arrogance) for folks to want to know who, when, where, what and expect answers from the authorities.  PVDS's attorney was sarcastic today saying there are a 'million stories'..., almost like 'can't you Americans and the media just go home or to the beach and leave us alone and we'll do our jobs'.  The problem is that they haven't given the American public or media much evidence of investigative competance.  Even Anita VDS said on camera yesterday that Joren should have been brought in, detained and questioned fully...not turned loose for two weeks.

I have traveled throughout the Caribbean for 25 years and do respect local customs and laws.  I do believe "when in Rome do as the Romans do".  I rent villas from locals rather than American hotels and do immerse myself in their culture. I have dealt with authorities on other small islands, but have never seen the keystone cops like what we've been watching.  The British and French dependents have strict laws, even islands 5 X 9 miles long.  I travel alone and have always felt safe in the islands.  The Aruban people are kind and gentle.  I would honestly have to say I could not return to Aruba again after what has happened.  Not because there has been a disappearance and probable sinister outcome, as that occurs everywhere, but the lack of attention, procedure and professionalism in the way the LE has handled this case.  As Americans we all know that Natalee could be our daughter and we could be BHT.  That is what is so frustrating and tragic about watching this case day to day.  Taking PVDS into custody didn't convict him of anything, but it did give us a glimmer of hope that maybe, just maybe, he would tell the truth about anything he knew regarding the disapearance of NH.

[Catriana]

In my opinion, EVERY judicial system has it flaws.  Not just the US, not just Aruba.   Go anywhere.....  and you'll find flaws.   If there were a "perfect" system, we would all be using it.

As long as there are human beings with different views and opinions, there will be flaws seen in any system by different people.

You can debate the changes till "hell" freezes over, it won't make us (human beings) all THINK the same way.   And that is where our flaws lie.

Oops... WORK DAY!    

{edit:  Oh and BTW, there is no system around the world where you will "know" what half the flaws are, as they are deeply hidden BY the system.}