Jan7
From CyberOne Wiki
jan.7: Trial as a Constructed Drama of Evidence Offered and Tested to Prove Tort or Crime
wiki
journals
groups
second life
scratch
the settlement negotiation as a prisoners dilemma
a story with an action, a civil action with a justice story, about how the law grinds exceeding thin, about how it could be done so much better with better understanding of the roles and of the play.
a machine built of human parts to play appointed roles. generating rules of procedure is our form of coding the machine. the most elegant machine would be devoid of substance that would vary from judge to judge. substance comes from us, the people, in the form of laws passed and enforced by those we elect passed through a final filter of a jury of our peers.
from the vantage of the original position there is no crime of violating a statute; the legislature we create may declare some actions to be a crime, but whether a dfencant's action is a breach of the peace that is to be judged and punished as a crime is up to us. if the legislature declares to be a crime that which is not a crime it is our power and our role to acquit.
to quell a disturbance of the peace among us
a legislative act which intrudes upon citizen liberty is itself a disturbance of the peace which it should be an objective of the architecture of the process to quell.
a disturbance in the original position would result in us all getting together to talk about the conduct and person who we as a community suspect of committing it; this is the process by which we think and act as a community.
extend as the driving logic of the system of procedure we create as we grow to big to be a jury of the whole the function of the process to quell disturbances of our peace
peaceful action is not a crime
suppose hypothetically that the legislature we are about to create takes it upon itself to criminalize a peaceful action. suppose further that the executive seeks to enforce the legislative edict against a citizen by initiating and prosecuting the citizen for violation of the legislature's statute. suppose further that the judicial power presiding over the citizen's trial for violating the legislature's criminalization of this peaceful action defers to the legislature and fails to protect the liberty of the citizen. who is to protect us in this circumstance?
alright, you say a jury of our peers, we can see the wisdom of it as protection for our liberty, but how are we to keep this wisdom before our eyes as our nation evolves through time? we are but simple people, many of us, who start with no deep understanding of law and feel intimidated when we are in court. can we rely upon the judges to explain to us our role?
who then if not the judges?
lawyer's privilege, lawyer's responsibility
a rhetorical machine
solomon action and story story told in the elements of the offense
imagine filling up barrels, each one an issue
at some point the level of evidence reaches the point of sufficiency that's the point at which reasonable people differ; ie, the point at which differing people can both be seen as being reasonable
can we see jan playing a poker hand can we see the players making moves and each having a price in mind can we see a mistake of strategy in not setting up a prisoner's dilemma
the judge's job is to make sure that every barrel is filled to the sufficiency level with evidence reasonable people would consider relevant to the issue and that no evidence is excluded that would seem important to a reasonable person such that its exclusion would undercut the verdict
solomon
action and story
story told in the elements of the offense
imagine filling up barrels, each one an issue
at some point the level of evidence reaches the point of sufficiency that's the point at which reasonable people differ; ie, the point at which differing people can both be seen as being reasonable
can we see jan playing a poker hand can we see the players making moves and each having a price in mind can we see a mistake of strategy in not setting up a prisoner's dilemma
the judge's job is to make sure that every barrel is filled to the sufficiency level with evidence reasonable people would consider relevant to the issue and that no evidence is excluded that would seem important to a reasonable person such that its exclusion would undercut the verdict
The Judge's Roles; Director of Order, Protector of Liberty and Justice
solomon is making it up as he goes along. he plays all the legal parts; we want a program that any decent judge can run
- action in context of story designed to quell dispute, see it at every level, in the design of the system overall, in the expression of its roles and rules, with differentiated function of quelling criminal and civil disputes
- Judge Byrne - The Pentagon Papers Case
- Judge Skinner
- Judge Hallett
- Judge Hoffman
- the judge's rules
- what moves are you allowed to make, and when
- what rules can you break, and when
- what are your powers of enforcement
- the lawyer's roles
- the lawyer's rules
- what moves are you allowed to make, and when
- what rules can you break, and when
- what are your powers of enforcement
- the lawyer's rules
- the observers' roll, students expressing truth
- group process, wiki, groups,
- the observers' roll, students expressing truth
- My Cousin Vinny: Probable Cause
in putting a case together you are crafting a work of art. its elegance should be expressed in all dimensions.
our problem in woburn is we made an ugly case
